A/72/53/Add.1 Report of the Human Rights Council - Thirty-sixth session (11-29 September 2017)
Document Type: Final Report
Date: 2017 Oct
Session: 36th Regular Session (2017 Sep)
Agenda Item: Item10: Technical assistance and capacity-building
A/72/53/Add.1
United Nations
Report of the Human Rights Council
Thirty-sixth session
(11-29 September 2017)
General Assembly Official Records
Seventy-second Session
Supplement No. 53 A (A/72/53/Add.1)
A/72/53/Add.1
General Assembly
Official Records
Seventy-second Session
Supplement No. 53 A (A/72/53/Add.1)
Report of the Human Rights Council
Thirty-sixth session
(11-29 September 2017)
United Nations • New York, 2017
Note
Symbols of United Nations documents are composed of letters combined with
figures. Mention of such a symbol indicates a reference to a United Nations document.
The designations employed and the presentation of the material in this publication
do not imply the expression of any opinion whatsoever on the part of the Secretariat of the
United Nations concerning the legal status of any country, territory, city or area or of its
authorities, or concerning the delimitation of its frontiers or boundaries.
A/72/53/Add.1
GE.17-18194 (E) 271017 iii
Contents
Chapter Page
Checklist of resolutions, decisions and President’s statements ..................................................... iv
I. Introduction ................................................................................................................................... 1
II. Resolutions brought to the attention of the General Assembly for its consideration
and possible action ........................................................................................................................ 2
III. Resolutions .................................................................................................................................... 4
IV. Decisions ....................................................................................................................................... 94
V. President’s statement ..................................................................................................................... 101
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iv GE.17-18194
Checklist of resolutions, decisions and President’s statements
A. Resolutions
Resolution Title Date of adoption Page
36/1 Composition of staff of the Office of the United Nations High Commissioner for Human Rights
28 September 2017 4
36/2 Mission by the Office of the United Nations High Commissioner for Human Rights to improve the human rights situation and accountability in Burundi
29 September 2017 5
36/3 The use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination
28 September 2017 9
36/4 Mandate of the Independent Expert on the promotion of a democratic and equitable international order
28 September 2017 11
36/5 Unaccompanied migrant children and adolescents and human rights
28 September 2017 13
36/6 Enforced or involuntary disappearances 28 September 2017 17
36/7 Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence
28 September 2017 19
36/8 The full enjoyment of human rights by all women and girls and the systematic mainstreaming of a gender perspective into the implementation of the 2030 Agenda for Sustainable Development
28 September 2017 22
36/9 The right to development 28 September 2017 23
36/10 Human rights and unilateral coercive measures 28 September 2017 27
36/11 Mandate of the open-ended intergovernmental working group to elaborate the content of an international regulatory framework on the regulation, monitoring and oversight of the activities of private military and security companies
28 September 2017 30
36/12 World Programme for Human Rights Education 28 September 2017 31
36/13 Mental health and human rights 28 September 2017 33
36/14 Human rights and indigenous peoples 28 September 2017 37
36/15 Mandate of the Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes
28 September 2017 39
36/16 Human rights in the administration of justice, including juvenile justice
29 September 2017 41
36/17 The question of the death penalty 29 September 2017 46
36/18 Conscientious objection to military service 29 September 2017 49
36/19 Renewal of the mandate of the Commission of Inquiry on Burundi 29 September 2017 2
36/20 The human rights situation in the Syrian Arab Republic 29 September 2017 50
36/21 Cooperation with the United Nations, its representatives and mechanisms in the field of human rights
29 September 2017 56
36/22 Promotion and protection of the human rights of peasants and other people working in rural areas
29 September 2017 59
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GE.17-18194 v
Resolution Title Date of adoption Page
36/23 Mandate of the Working Group of Experts on People of African Descent
29 September 2017 61
36/24 From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance
29 September 2017 63
36/25 Technical assistance and capacity-building in the field of human rights in the Central African Republic
29 September 2017 65
36/26 Technical assistance and capacity-building to improve human rights in the Sudan
29 September 2017 70
36/27 Assistance to Somalia in the field of human rights 29 September 2017 72
36/28 Enhancement of technical cooperation and capacity-building in the field of human rights
29 September 2017 76
36/29 Promoting international cooperation to support national human rights follow-up systems, processes and related mechanisms, and their contribution to the implementation of the 2030 Agenda for Sustainable Development
29 September 2017 79
36/30 Technical assistance and capacity-building in the field of human rights in the Democratic Republic of the Congo
29 September 2017 82
36/31 Human rights, technical assistance and capacity-building in Yemen
29 September 2017 86
36/32 Advisory services and technical assistance for Cambodia 29 September 2017 89
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vi GE.17-18194
B. Decisions
Decision Title Date of adoption Page
36/101 Outcome of the universal periodic review: Bahrain 21 September 2017 94
36/102 Outcome of the universal periodic review: Ecuador 21 September 2017 94
36/103 Outcome of the universal periodic review: Tunisia 21 September 2017 95
36/104 Outcome of the universal periodic review: Morocco 21 September 2017 95
36/105 Outcome of the universal periodic review: Indonesia 21 September 2017 96
36/106 Outcome of the universal periodic review: Finland 21 September 2017 96
36/107 Outcome of the universal periodic review: United Kingdom of Great Britain and Northern Ireland
21 September 2017 96
36/108 Outcome of the universal periodic review: India 21 September 2017 97
36/109 Outcome of the universal periodic review: Brazil 21 September 2017 97
36/110 Outcome of the universal periodic review: Philippines 22 September 2017 98
36/111 Outcome of the universal periodic review: Algeria 22 September 2017 98
36/112 Outcome of the universal periodic review: Poland 22 September 2017 99
36/113 Outcome of the universal periodic review: Netherlands 22 September 2017 99
36/114 Outcome of the universal periodic review: South Africa 22 September 2017 99
36/115 Extension of the mandate of the independent international fact- finding mission on Myanmar
29 September 2017 100
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GE.17-18194 vii
C. President’s statements
President’s statement Title Date of adoption Page
36/1 Reports of the Advisory Committee 29 September 2017 101
A/72/53/Add.1
GE.17-18194 1
I. Introduction
1. The Human Rights Council held its thirty-sixth session from 11 to 29 September
2017.
2. The report of the Human Rights Council on its thirty-sixth session will be issued in
document A/HRC/36/2.
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2 GE.17-18194
II. Resolutions brought to the attention of the General Assembly for its consideration and possible action
36/19. Renewal of the mandate of the Commission of Inquiry on
Burundi
The Human Rights Council,
Guided by the principles and purposes of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other relevant international human rights instruments,
Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human
Rights Council resolution 5/1 of 18 June 2007,
Recalling further Human Rights Council resolutions 30/27 of 2 October 2015, S-
24/1 of 17 December 2015 and 33/24 of 30 September 2016,
1. Expresses concern about the findings of the Commission of Inquiry on
Burundi;
2. Requests the Commission of Inquiry on Burundi to present its report, 1
including any necessary follow-up action, to the General Assembly at its seventy-second
session;
3. Recommends that the General Assembly submit the report of the Commission
of Inquiry on Burundi to all relevant United Nations bodies for consideration and
appropriate action;
4. Decides to extend for a period of one year the mandate of the Commission of
Inquiry on Burundi, and requests the Commission to present an oral briefing to the Human
Rights Council at its thirty-seventh and thirty-eighth sessions, and a final report during an
interactive dialogue at its thirty-ninth session and at the seventy-third session of the General
Assembly;
5. Urges the Government of Burundi to cooperate fully with the Commission of
Inquiry on Burundi, to authorize it to conduct visits to the country and to provide it with all
the information necessary to fulfil its mandate;
6. Requests the Office of the United Nations High Commissioner for Human
Rights to provide all the resources necessary to the Commission of Inquiry on Burundi to
allow it to fulfil its mandate;
7. Decides to remain seized of the matter.
40th meeting
29 September 2017
[Adopted by a recorded vote of 22 to 11, with 14 abstentions. The voting was as follows:
In favour:
Albania, Belgium, Botswana, Brazil, Croatia, El Salvador, Georgia,
Germany, Hungary, Japan, Latvia, Mongolia, Netherlands, Panama,
Paraguay, Portugal, Republic of Korea, Rwanda, Slovenia, Switzerland,
United Kingdom of Great Britain and Northern Ireland, United States of
America
Against:
Bolivia (Plurinational State of), Burundi, China, Congo, Cuba, Egypt, Ghana,
Saudi Arabia, South Africa, United Arab Emirates, Venezuela (Bolivarian
Republic of)
1 A/HRC/36/54.
A/72/53/Add.1
GE.17-18194 3
Abstaining:
Bangladesh, Côte d’Ivoire, Ecuador, Ethiopia, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Nigeria, Philippines, Qatar, Togo, Tunisia]
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4 GE.17-18194
III. Resolutions
36/1. Composition of staff of the Office of the United Nations High
Commissioner for Human Rights
The Human Rights Council,
Recalling paragraph 5 (g) of General Assembly resolution 60/251 of 15 March 2006,
in which the Assembly decided that the Human Rights Council should assume the role and
responsibilities of the Commission on Human Rights relating to the work of the Office of
the United Nations High Commissioner for Human Rights, as decided by the Assembly in
its resolution 48/141 of 20 December 1993,
Taking note of all relevant resolutions on this issue adopted by the General
Assembly, the Commission on Human Rights and the Human Rights Council,
Bearing in mind that an imbalance in the composition of the staff could diminish the
effectiveness of the work of the Office of the High Commissioner if it is perceived to be
culturally biased and unrepresentative of the United Nations as a whole,
Reaffirming the importance of continuing ongoing efforts to address the imbalance
regarding the regional representation of the staff of the Office of the High Commissioner,
most notably in senior management positions,
Noting with concern that the dependence of the Office of the High Commissioner on
extrabudgetary resources is at the heart of the imbalance in the composition of its staff,
Underlining that the paramount consideration for employing staff at every level is
the need for the highest standards of efficiency, competence and integrity, taking into
account Article 101, paragraph 3 of the Charter of the United Nations, and expressing its
conviction that this objective is compatible with the principle of equitable geographical
distribution,
Recognizing that the Fifth Committee is the appropriate Main Committee of the
General Assembly entrusted with responsibilities for administrative and budgetary matters,
1. Expresses concern at the imbalance in the geographical representation in the
composition of the Office of the United Nations High Commissioner for Human Rights;
2. Expresses serious concern at the continuous prominent imbalance in the
geographical representation of senior management personnel of the Office of the High
Commissioner;
3. Requests the High Commissioner, within his administrative responsibilities,
to redouble his efforts with a view to redress the current imbalance in the geographical
composition of the staff of the Office, paying particularly attention to the senior
management level and the posts not subject to geographical distribution;
4. Welcomes the decision to continue to pay special attention to the achievement
of a gender balance in the composition of the staff;
5. Underlines the importance of continuing to promote geographical diversity in
recruitment and promotion in the Professional category and, in particular, in senior
management positions as a principle of the staffing policies of the Office of the High
Commissioner;
6. Recognizes that efforts to achieve savings and the efficient utilization of
resources should not adversely affect the full implementation of mandated programmes and
activities and the measures taken for improving the geographical composition of the staff;
7. Reaffirms the vital importance of geographical balance in the composition of
the staff of the Office of the High Commissioner, taking into account the significance of
national and regional specificities and various historic, cultural and religious backgrounds
and of different political, economic and legal systems to the promotion and protection of
the universality of human rights;
8. Recalls the provisions contained in section IX, paragraph 2 of General
Assembly resolution 63/250 of 24 December 2008, on human resources management, in
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GE.17-18194 5
which the Assembly requested the Secretary-General to ensure as wide a geographical
distribution of staff as possible in all departments, offices and levels, including the Director
level and higher levels, of the Secretariat;
9. Underlines the priority importance with which the General Assembly should
continue to provide support and guidance to the High Commissioner in the ongoing process
of improving the geographical balance in the composition of the staff of the Office of the
High Commissioner;
10. Stresses that extrabudgetary resources, in particular when they are related to
the establishment of new posts, shall be used in a manner consistent with the mandates,
programmes and activities of the Organization, including the principle of equitable
geographical distribution of the staff, and in compliance with the existing budgetary rules
and regulations;
11. Requests the High Commissioner to continue to improve his interaction with
Member States, including within the framework of President’s statements PRST/15/2 of 1 October 2010, PRST/18/2 of 30 September 2011 and PRST/19/1 of 22 March 2012, and
giving particular attention to the composition of the staff;
12. Also requests the High Commissioner to submit a report to the Human Rights
Council at its thirty-ninth session on the geographical composition of the staff of the Office
of the High Commissioner and the actions taken within the current staff selection system to
achieve an equitable geographical representation of the Office, as requested by the Council
in the present and past resolutions;
13. Decides to remain seized of the matter.
39th meeting
28 September 2017
[Adopted by a recorded vote of 31 to 15, with 1 abstention. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Panama, Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa,
Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Albania,* Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia,
Netherlands, Portugal, Republic of Korea, Slovenia, Switzerland, United
Kingdom of Great Britain and Northern Ireland, United States of America
Abstaining:
Togo]
36/2. Mission by the Office of the United Nations High
Commissioner for Human Rights to improve the human rights
situation and accountability in Burundi
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other relevant international human rights instruments,
Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human
Rights Council resolutions 5/1 and 5/2 of 18 June 2007,
* The delegation of Albania subsequently informed the Human Rights Council secretariat that it had intended to abstain.
A/72/53/Add.1
6 GE.17-18194
Recalling further its resolutions 30/27 of 2 October 2015, S-24/1 of 17 December
2015 and 33/24 of 30 September 2016,
Reaffirming that States have the primary responsibility for the promotion and
protection of all human rights and fundamental freedoms,
Stressing the primary responsibility of the Government of Burundi for ensuring
security in its territory and protecting its population, conducting inquiries into human rights
violations and bringing those responsible for such violations to justice, with respect for the
rule of law, human rights and international humanitarian law, as applicable,
Reaffirming its strong commitment to the sovereignty, political independence,
territorial integrity and unity of Burundi,
Reaffirming also the Arusha Peace and Reconciliation Agreement for Burundi,
which has been the basis for the Constitution of Burundi and provides the foundation for
peacebuilding, national reconciliation and the strengthening of democracy and the rule of
law,
Bearing in mind that the international community, including the Human Rights
Council, can play an important role in preventing human rights violations and abuses and
mitigating the risk of escalation of conflicts,
Mindful of the importance of the prevention of human rights violations and abuses in
Burundi, especially in the context of past mass atrocities in the region,
Welcoming the launch of the inter-Burundian dialogue process and the progress
achieved, in a genuine and open manner, based on respect for the Constitution and the
Arusha Agreement, and welcoming the political dialogue for Burundi under the auspices of
the Facilitator of the East African Community, the former President of the United Republic
of Tanzania, Benjamin William Mkapa, and with the mediation of the President of Uganda,
Yoweri Museveni, and the report of the Facilitator adopted on 20 May 2017 in Dar es
Salaam at the Summit of Heads of State of the East African Community,
Noting with appreciation the efforts made by the international community to find a
peaceful solution to the crisis facing Burundi, including those of the United Nations, the
African Union and the East African Community, and the improvement of the political and
security situation in Burundi,
Noting with interest the efforts of the Government of Burundi to combat impunity
and strengthen the rule of law, including the adoption of the law on combating gender-
based violence and the law on the protection of victims and witnesses, the establishment of
the National Observatory for the Prevention and Eradication of the Crime of Genocide, War
Crimes and Crimes against Humanity and the National Council for National Unity and
Reconciliation, and the reform of the security and justice sector in accordance with the
Arusha Agreement,
Commending the assistance for the return of refugees provided by host countries and
the Office of the United Nations High Commissioner for Refugees,
Taking note of the report of the Secretary-General on Burundi of 23 February 2017,2
Deploring the suspension of cooperation between the Government of Burundi and
the United Nations High Commissioner for Human Rights, and calling upon the
Government to accelerate the ongoing process of dialogue with a view to resuming such
cooperation in an environment of mutual trust,
Taking note of the work of the Commission of Inquiry on Burundi and its report,3
and expressing its concern about the lack of cooperation between the Government of
Burundi and the Commission, including the denial of entry into the territory,
Reaffirming the commitment of the States members of the Human Rights Council to
cooperate with international human rights mechanisms,
2 S/2017/165.
3 A/HRC/36/54.
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GE.17-18194 7
1. Expresses its concern over the continuing challenges regarding the situation
of human rights in Burundi, including economic, social and cultural rights;
2. Strongly condemns all human rights violations and abuses committed in
Burundi, whoever the perpetrators may be;
3. Takes note of the allegations that a significant number of violations and
abuses were committed by the Burundian security forces, including the national intelligence
service and the Imbonerakure, and calls upon the Government of Burundi to continue and
intensify its efforts to combat impunity by conducting thorough, independent and impartial
investigations of alleged perpetrators of such violations and abuses;
4. Expresses concern over the deregistration and suspension of a number of
civil society organizations in Burundi and the working conditions of Burundian human
rights defenders, some of whom are in exile;
5. Urges the Government of Burundi to put an immediate end to human rights
violations and abuses, including arbitrary detention and restrictions on the work of human
rights defenders and the media, and calls upon them to work in accordance with the law;
6. Strongly condemns all public statements and slogans coming from inside or
outside the country that incite violence or hatred towards different groups in Burundian
society;
7. Welcomes the public condemnation of such slogans by officers of the Conseil
national pour la défense de la démocratie — Forces pour la défense de la démocratie, and calls upon the Government of Burundi and other parties to refrain from any statements or
actions that could exacerbate tensions and incite violence, including gender-based violence,
to publicly condemn such statements and actions and ensure that all those responsible are
held accountable in order to take into account the best interests of the country and to respect
fully the letter and spirit of the Constitution of Burundi and the Arusha Agreement, a
backbone for peace and democracy;
8. Calls upon the Government of Burundi to safeguard and protect the
population, with full respect for international law, to respect, protect and guarantee all
human rights and fundamental freedoms for all, in accordance with the State’s international obligations, to adhere to the rule of law and to establish transparent accountability for acts
of violence;
9. Calls anew upon the Burundian authorities to conduct thorough and
independent investigations of crimes involving serious violations and abuses of human
rights so that all perpetrators, regardless of their affiliation, are held accountable before the
law;
10. Notes with satisfaction the decision of the Government of Burundi to restore
its full cooperation with the Human Rights Council and the Office of the United Nations
High Commissioner for Human Rights, including by extending full cooperation to its office
in Bujumbura, and encourages the Government to cooperate fully with the treaty bodies and
to improve the working conditions of human rights defenders;
11. Encourages the Government of Burundi to cooperate with the regionally led
mediation allowing for genuine and open inter-Burundian dialogue, to be convened without
delay, involving all unarmed stakeholders, both inside and outside the country, who are
convinced of the need for peaceful solutions and are prepared to work to that end, ensuring
the meaningful participation of women, in order to reach a consensual and nationally
owned solution that would aim to preserve peace, strengthen democracy, ensure the
enjoyment of human rights for all in Burundi and restore the prospects and capacity of
Burundi for development;
12. Calls upon the Burundian authorities to ensure equitable political processes
and to create an open and safe space that could lead to the holding of free, fair, inclusive
and transparent democratic elections in accordance with the Arusha Agreement and the
Constitution of Burundi;
13. Welcomes and supports the ongoing efforts made at the regional and
subregional levels, including by the East African Community and the Peace and Security
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8 GE.17-18194
Commission of the African Union, to monitor the situation of human rights in Burundi and
to contribute to its improvement;
14. Welcomes the work of human rights observers in Burundi appointed by the
African Union, urges the Government of Burundi to sign without delay the memorandum of
understanding with the African Union in order to enable human rights observers and
military experts appointed by the African Union to operate fully in the country in fulfilment
of the responsibilities provided for under their mandate, and calls upon the international
community to give this mandate its full logistical and financial support;
15. Emphasizes the existence in Burundi of national, regional and international
human rights monitoring mechanisms, including the Independent National Commission on
Human Rights, the Ombudsman, the African Union human rights observers and the Office
of the United Nations High Commissioner for Human Rights, and affirms the need to
strengthen these mechanisms to enable Burundi to improve the situation of human rights
and end human rights violations and abuses;
16. Requests the Office of the High Commissioner urgently to dispatch a team of
three experts with the following mandate:
(a) To engage with the Burundian authorities and all other stakeholders, in
particular United Nations agencies and the African Union, to collect and preserve
information, to determine the facts and circumstances in accordance with international
standards and practice, in cooperation with the Government of Burundi, and to forward to
the judicial authorities of Burundi such information in order to establish the truth and
ensure that the perpetrators of deplorable crimes are all accountable to the judicial
authorities of Burundi;
(b) To make recommendations for technical assistance and capacity-building and
ways of improving the situation of human rights in the country with a view to providing
support to the country in fulfilling its human rights obligations, ensuring accountability and
combating impunity;
17. Requests the United Nations High Commissioner for Human Rights to
present to the Human Rights Council at its thirty-seventh and thirty-eighth sessions an oral
briefing and at its thirty-ninth session a final report during an interactive dialogue;
18. Urges the Government of Burundi to cooperate fully with the team of experts
of the Office of the High Commissioner, to authorize the team to conduct visits to the
country and to provide it with all the information necessary to fulfil its mandate;
19. Decides to remain seized of the matter.
39th meeting
28 September 2017
[Adopted by a recorded vote of 23 to 14, with 9 abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Brazil, Burundi, China, Congo,
Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Iraq, Kenya, Nigeria, Saudi Arabia, South Africa, Togo, Tunisia, United
Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Albania, Belgium, Croatia, Georgia, Germany, Hungary, Latvia, Netherlands,
Portugal, Republic of Korea, Slovenia, Switzerland, United Kingdom of
Great Britain and Northern Ireland, United States of America
Abstaining:
Botswana, Indonesia, Japan, Kyrgyzstan, Mongolia, Panama, Paraguay,
Philippines, Qatar]
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GE.17-18194 9
36/3. The use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-
determination
The Human Rights Council,
Recalling all previous resolutions adopted by the General Assembly, the Human
Rights Council and the Commission on Human Rights on the subject, including Assembly
resolution 64/151 of 18 December 2009 and Council resolutions 10/11 of 26 March 2009,
15/12 of 30 September 2010, 15/26 of 1 October 2010, 18/4 of 29 September 2011, 24/13
of 26 September 2013, 27/10 of 25 September 2014, 30/6 of 1 October 2015 and 33/4 of 29
September 2016,
Recalling also all relevant resolutions that, inter alia, condemn any State that permits
or tolerates the recruitment, financing, training, assembly, transit or use of mercenaries with
the objective of overthrowing the Governments of States Members of the United Nations,
especially those of developing countries, or of fighting against national liberation
movements, and recalling further the relevant resolutions and international instruments
adopted by the General Assembly, the Security Council, the Economic and Social Council,
the African Union and the Organization of African Unity, inter alia, the Organization of
African Unity Convention for the Elimination of Mercenarism in Africa,
Reaffirming the purposes and principles enshrined in the Charter of the United
Nations concerning the strict observance of the principles of sovereign equality, political
independence, the territorial integrity of States, the self-determination of peoples, the non-
use of force or threat of use of force in international relations and non-interference in affairs
within the domestic jurisdiction of States,
Reaffirming also that, by virtue of the principle of self-determination, all peoples
have the right to determine freely their political status and to pursue freely their economic,
social and cultural development, and that every State has the duty to respect this right in
accordance with the provisions of the Charter,
Reaffirming further the Declaration on Principles of International Law concerning
Friendly Relations and Cooperation among States in accordance with the Charter of the
United Nations,
Extremely alarmed and concerned about the threat posed by the activities of
mercenaries to peace and security in developing countries in various parts of the world, in
particular in areas of conflict, and about the threat they pose to the integrity of and respect
for the constitutional order of the countries affected,
Deeply concerned at the loss of life, the substantial damage to property and the
negative effects on the policies and economies of affected countries resulting from
international criminal mercenary activities,
Convinced that, regardless of the way in which mercenaries or mercenary-related
activities are used or the form that they take to acquire a semblance of legitimacy, they are
a threat to peace, security and the self-determination of peoples and an obstacle to the
enjoyment of human rights by peoples,
1. Reaffirms that the use of mercenaries, and their recruitment, financing,
protection and training, are causes for grave concern to all States and violate the purposes
and principles enshrined in the Charter of the United Nations;
2. Recognizes that armed conflicts, terrorism, arms trafficking and covert
operations by third Powers encourage, inter alia, the demand for mercenaries and for
private military and security companies on the global market;
3. Urges once again all States to take the necessary steps and to exercise the
utmost vigilance against the threat posed by the activities of mercenaries, and to take
legislative measures to ensure that their territories and other territories under their control,
and their nationals, are not used for the recruitment, assembly, financing, training,
protection and transit of mercenaries for the planning of activities designed to impede the
right to self-determination, to overthrow the Government of any State or to dismember or to
impair, totally or in part, the territorial integrity or political unity of sovereign and
A/72/53/Add.1
10 GE.17-18194
independent States conducting themselves in compliance with the right of peoples to self-
determination;
4. Requests all States to exercise the utmost vigilance against any kind of
recruitment, training, hiring or financing of mercenaries;
5. Also requests all States to exercise the utmost vigilance in banning the use of
private companies offering international military consultancy and security services when
intervening in armed conflicts or actions to destabilize constitutional regimes;
6. Calls upon all States that have not yet become a party to the International
Convention against the Recruitment, Use, Financing and Training of Mercenaries to
consider taking the necessary action to do so;
7. Welcomes the cooperation extended by those countries that were visited by
the Working Group on the use of mercenaries as a means of violating human rights and
impeding the exercise of the right of peoples to self-determination, and the adoption by
some States of national legislation that restricts the recruitment, assembly, financing,
training and transit of mercenaries;
8. Condemns mercenary activities in developing countries in various parts of the
world, in particular in areas of conflict, and the threat they pose to the integrity of and
respect for the constitutional order of those countries and to the exercise of the right to self-
determination of their peoples, and stresses the importance for the Working Group of
looking into sources and root causes, and into the political motivations of mercenaries and
for mercenary-related activities;
9. Calls upon States to investigate the possibility of mercenary and mercenary-
related involvement whenever and wherever criminal acts of a terrorist nature occur and to
bring to trial those found responsible or to consider their extradition, if so requested, in
accordance with national law and applicable bilateral or international treaties;
10. Recognizes that mercenary activity is a complex crime in which criminal
responsibility falls upon those who have recruited, employed, trained and financed the
mercenary or mercenaries, and upon those who have planned and ordered their criminal
activity;
11. Condemns any form of impunity granted to perpetrators of mercenary
activities and to those responsible for the use, recruitment, financing and training of
mercenaries, and urges all States, in accordance with their obligations under international
law, to bring them, without distinction, to justice;
12. Calls upon the international community and all States, in accordance with
their obligations under international law, to cooperate with and assist the judicial
prosecution of those accused of mercenary activities, in transparent, open and fair trials;
13. Acknowledges with appreciation the work and contributions of the Working
Group, including its research activities, and welcomes its most recent report;4
14. Requests the Working Group and other experts to continue their participation,
including by submitting contributions, in other subsidiary bodies of the Human Rights
Council considering issues related to the use of mercenaries and mercenary-related
activities in all their forms and manifestations, including private military and security
companies;
15. Requests the Working Group to continue the work already carried out by
previous mandate holders on the strengthening of the international legal framework for the
prevention and sanction of the recruitment, use, financing and training of mercenaries,
taking into account the proposal for a new legal definition of the term “mercenary” drafted by the Special Rapporteur on the use of mercenaries as a means of violating human rights
and impeding the exercise of the right of peoples to self-determination in his report
submitted to the Commission on Human Rights at its sixtieth session, 5 and also the
evolving phenomenon of mercenaries and its related forms;
4 A/HRC/36/47.
5 E/CN.4/2004/15.
A/72/53/Add.1
GE.17-18194 11
16. Also requests the Working Group to continue to monitor mercenaries and
mercenary-related activities in all their forms and manifestations, and private military and
security companies, in different parts of the world, including instances of protection
provided by Governments to individuals involved in mercenary activities, and to continue
to update the database of individuals convicted of mercenary activities;
17. Further requests the Working Group to continue to study and identify
sources and causes, emerging issues, manifestations and trends with regard to mercenaries
and mercenary-related activities and their impact on human rights, particularly on the right
of peoples to self-determination;
18. Urges all States to cooperate fully with the Working Group in the fulfilment
of its mandate;
19. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Working Group with all the assistance and support
necessary for the fulfilment of its mandate, both professional and financial, including by
promoting cooperation between the Working Group and other components of the United
Nations system that deal with countering mercenary-related activities, in order to meet the
demands of its current and future activities;
20. Requests the Working Group to consult States, intergovernmental and non-
governmental organizations and other relevant civil society actors in the implementation of
the present resolution, and to report its findings on the use of mercenaries as a means of
violating human rights and impeding the exercise of the right of peoples to self-
determination to the General Assembly at its seventy-third session and to the Human Rights
Council at its thirty-ninth session;
21. Decides to continue its consideration of this matter under the same agenda
item at its thirty-ninth session.
39th meeting
28 September 2017
[Adopted by a recorded vote of 32 to 15, with no abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Panama, Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa,
Togo, Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Albania, Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia,
Netherlands, Portugal, Republic of Korea, Slovenia, Switzerland, United
Kingdom of Great Britain and Northern Ireland, United States of America]
36/4. Mandate of the Independent Expert on the promotion of a
democratic and equitable international order
The Human Rights Council,
Recalling all previous resolutions of the General Assembly, the Commission on
Human Rights and the Human Rights Council on the promotion of a democratic and
equitable international order, in particular Assembly resolution 65/223 of 21 December
2010 and Council resolutions 8/5 of 18 June 2008, 18/6 of 29 September 2011, 21/9 of 27
September 2012, 25/15 of 27 March 2014, 27/9 of 25 September 2014, 30/29 of 2 October
2015 and 33/3 of 29 September 2016,
Recalling also Human Rights Council resolutions 5/1, on the institution-building of
the Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of
the Council, of 18 June 2007, and stressing that the mandate holder shall discharge his or
her duties in accordance with those resolutions and the annexes thereto,
A/72/53/Add.1
12 GE.17-18194
Reaffirming that everyone is entitled to a social and international order in which the
rights and freedoms set forth in the Universal Declaration of Human Rights can be fully
realized,
Reaffirming also the determination expressed in the Preamble to the Charter of the
United Nations to save succeeding generations from the scourge of war, to establish
conditions under which justice and respect for the obligations arising from treaties and
other sources of international law can be maintained, to promote social progress and better
standards of life in larger freedom, to practice tolerance and good neighbourliness, and to
employ international machinery for the promotion of the economic and social advancement
of all peoples,
Recognizing that democracy, respect for all human rights, including the right to
development, transparent and accountable governance and administration in all sectors of
society, and effective participation by civil society are an essential part of the necessary
foundations for the realization of social and people-centred sustainable development,
Having listened to the peoples of the world, and recognizing their aspirations to
justice, equality of opportunity for all, the enjoyment of their human rights, including the
right to development, to live in peace and freedom, and to equal participation without
discrimination in economic, social, cultural, civil and political life,
Resolved to take all measures within its power to secure a democratic and equitable
international order,
1. Reaffirms that everyone is entitled to a democratic and equitable international
order;
2. Also reaffirms that a democratic and equitable international order fosters the
full realization of all human rights for all;
3. Takes note of the report of the Independent Expert on the promotion of a
democratic and equitable international order,6 and welcomes the work conducted by him;
4. Requests the Independent Expert to prepare a final report on his studies
conducted during the last six years of his mandate, and to share it with the Human Rights
Council at its thirty-seventh session;
5. Decides to renew the mandate of the Independent Expert on the promotion of
a democratic and equitable international order for a period of three years, in conformity
with the terms set forth by the Human Rights Council in its resolution 18/6;
6. Calls upon all Governments to cooperate with and assist the Independent
Expert in the discharge of his or her mandate, and to provide the Independent Expert with
all the necessary information requested by the Independent Expert in order to enable him or
her to fulfil the duties of the mandate effectively;
7. Requests the United Nations High Commissioner for Human Rights to
provide all the human and financial resources necessary for the effective fulfilment of the
mandate by the Independent Expert;
8. Invites the Independent Expert to continue to develop close cooperation with
academia, think tanks and research institutes, such as South Centre, and with other
stakeholders from all regions;
9. Requests the human rights treaty bodies, the Office of the High
Commissioner, the special mechanisms of the Human Rights Council and the Human
Rights Council Advisory Committee to pay due attention, within their respective mandates,
to the present resolution, and to make contributions to its implementation;
10. Calls upon the Office of the High Commissioner to build upon the issue of
the promotion of a democratic and equitable international order;
11. Requests the Independent Expert to report regularly to the Human Rights
Council and the General Assembly in accordance with their respective programmes of work;
6 A/HRC/36/40 and Corr.1.
A/72/53/Add.1
GE.17-18194 13
12. Decides to continue its consideration of this matter under the same agenda
item at its thirty-ninth session.
39th meeting
28 September 2017
[Adopted by a recorded vote of 32 to 15, with no abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Panama, Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa,
Togo, Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Albania, Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia,
Netherlands, Portugal, Republic of Korea, Slovenia, Switzerland, United
Kingdom of Great Britain and Northern Ireland, United States of America]
36/5. Unaccompanied migrant children and adolescents and human
rights
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights, which proclaims that all
human beings are born free and equal in dignity and rights, and that everyone is entitled to
all the rights and freedoms set out therein, without distinction of any kind, in particular as
to race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status,
Recalling the International Covenant on Civil and Political Rights, the International
Covenant on Economic, Social and Cultural Rights, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights
of the Child and the Optional Protocol thereto on the sale of children, child prostitution and
child pornography, the Protocol to Prevent, Suppress and Punish Trafficking in Persons,
Especially Women and Children, supplementing the United Nations Convention against
Transnational Organized Crime, the Protocol against the Smuggling of Migrants by Land,
Sea and Air, supplementing the United Nations Convention against Transnational
Organized Crime, the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Rights of Persons with Disabilities, the Vienna
Convention on Consular Relations, the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, the Convention against
Discrimination in Education, the Convention relating to the Status of Refugees and the
Protocol thereto, and the Worst Forms of Child Labour Convention, 1999 (No. 182) of the
International Labour Organization,
Recalling also all previous resolutions of the General Assembly on the protection of
the human rights of migrants, in particular those relating to the situation of unaccompanied
migrant children and adolescents, such as resolutions 69/187 of 18 December 2014 and
71/177 of 19 December 2016, the Human Rights Council resolutions on the protection of
the human rights of migrants, in particular resolutions 9/5 of 16 September 2008, 12/6 of 12
October 2009, 29/12 of 2 July 2015, 33/7 of 29 September 2016 and 35/17 of 22 June 2017,
Commission on Population and Development resolution 2013/1 of 26 April 2013, entitled
“New trends in migrations: demographic aspects”, and the Declaration of the High-level Dialogue on International Migration and Development, adopted on 3 October 2013,
Reaffirming the New York Declaration for Refugees and Migrants and the annexes
thereto, adopted by the General Assembly in its resolution 71/1 of 19 September 2016,
Reaffirming also the commitments expressed in the New York Declaration, in which
Member States recognized — and expressed their willingness to address, in accordance
A/72/53/Add.1
14 GE.17-18194
with their obligations under international law — the special needs of all people in vulnerable situations who are travelling within large movements of refugees and migrants,
including children, especially those who are unaccompanied or separated from their
families, and affirming that children should not be criminalized or subject to punitive
measures because of their migration status or that of their parents,
Taking note of the reports submitted by the United Nations High Commissioner for
Human Rights on the panel discussion on unaccompanied migrant children and adolescents
and human rights held at the thirty-fifth session of the Human Rights Council7 and on the
promotion and protection of the human rights of migrants in the context of large
movements, submitted to the Council at its thirty-third session,8
Taking note with appreciation of the work of the Special Rapporteur on the human
rights of migrants, especially the reports in which the mandate holder addressed the human
rights of unaccompanied migrant children and adolescents, in particular his report on the
human rights of migrants on a 2035 agenda for facilitating human mobility, presented to the
Human Rights Council at its thirty-fifth session,9
Noting the work of the Committee on the Rights of the Child related to
unaccompanied and separated children, including its general comment No. 6 (2005) on
treatment of unaccompanied and separated children outside their country of origin, and to
the outcome of the 2012 day of general discussion on the rights of all children in the
context of international migration,
Acknowledging the important contribution made by migrants and migration to
development in countries of origin, transit and destination, and the complex
interrelationship between migration and development,
Looking forward to the outcome of the ongoing combined work of the Committee
on the Protection of the Rights of All Migrant Workers and Members of Their Families and
the Committee on the Rights of the Child to develop a joint general comment on the human
rights of children in the context of international migration,
Taking note with appreciation of the report submitted by the Human Rights Council
Advisory Committee at the present session on the study on the global issue of
unaccompanied migrant children and adolescents and human rights, 10 in which the
Committee defines the areas, reasons and cases in which this issue arises in the world, and
the way in which human rights are threatened and violated, and makes recommendations
for the consideration of States on how to protect the human rights of unaccompanied
migrant children and adolescents,
Concerned by the large and growing number of migrants, in particular
unaccompanied migrant children or those separated from their parents, who find themselves
in vulnerable situations when attempting to cross international borders on dangerous
migratory routes, and recognizing the obligation of States to respect the human rights of
those migrants regardless of their migratory status, in accordance with their obligations
under international law,
Expressing serious concern about the vulnerability of and risks faced by migrants in
countries of transit and destination, in particular children, including adolescents, who are
unaccompanied or separated from their families, who are forced to flee or decide to leave
their homelands owing to multiple causes and who travel alone migratory routes, regardless
of their migratory status, since they may be exposed to serious human rights violations and
abuses that can threaten their physical, emotional and psychological well-being, and may
also be exposed to crimes and human rights abuses committed by transnational criminal
organizations or gangs, including crimes such as theft, kidnapping, extortion, physical
abuse, the sale of and trafficking in persons, forced labour, and sexual abuse and
exploitation,
7 A/HRC/36/21.
8 A/HRC/33/67.
9 A/HRC/35/25.
10 A/HRC/36/51.
A/72/53/Add.1
GE.17-18194 15
Reaffirming that the general principles of the Convention on the Rights of the Child,
including the best interests of the child, non-discrimination, participation, survival and
development, provide the framework for all actions concerning children and should guide
legislation, policies and practices relating to children, regardless of their status, including in
the context of migration,
Recalling the New York Declaration for Refugees and Migrants, in which the
General Assembly recognized the importance of cooperation among countries of origin,
transit and destination in ensuring that any type of return, whether voluntary or otherwise,
must be consistent with States’ obligations under international human rights law and in compliance with the principle of non-refoulement and should respect the rules of
international law, and must in addition be conducted in keeping with the best interests of
children and with due process, while special attention should be paid to the needs of
migrants in vulnerable situations who return, such as unaccompanied or separated children,
Recognizing that, for the full and harmonious development of a child’s personality, he or she should grow up in a family environment and in an atmosphere of happiness, love
and understanding, and, therefore, that States of origin, destination and, where appropriate,
transit should, as applicable under national law, facilitate family reunification as an
important objective in order to promote the welfare and the best interests of migrant
children, including adolescents,
Welcoming immigration programmes, adopted by some countries, that allow
migrants to integrate fully into their host countries, facilitate family reunification and
promote a harmonious, tolerant and respectful environment, while encouraging States to
consider the possibility of adopting such programmes,
Recognizing that discussions on the global compact for safe, orderly and regular
migration are an important opportunity to address the issue of unaccompanied migrant
children and adolescents,
1. Reaffirms that States, in accordance with their obligations under international
law, are responsible for promoting and protecting the human rights and fundamental
freedoms of all migrants, regardless of their migration status, and that all migrant children,
within their territory and subject to their jurisdiction, are entitled to equal protection under
the law, and calls upon States to fully respect their rights, without discrimination of any
kind, taking into consideration that they are children first and foremost;
2. Urges States to give primary consideration at all times to the best interests of
the child, particularly with regard to children in transit or crossing borders, and when
formulating policies on integration, return or family reunification, to carry out
individualized, comprehensive best-interest assessments to identify the protection needs of
migrant children and adolescents, particularly unaccompanied and separated children, and
to carry out early and prompt assessments of victims of violence, exploitation and abuse
who may qualify for refugee status or other forms of protection;
3. Calls upon States to ensure appropriate, integrated and gender-sensitive child
protection care and services for all unaccompanied and separated migrant children and
adolescents starting from the time of their arrival, in accordance with relevant international
legal frameworks, taking into account the principle of the best interests of the child and the
special needs of unaccompanied migrant children and those separated from their families,
to protect them against all forms of abuse, neglect, exploitation and violence and to work to
provide for their health, education and psychosocial development in a manner that is age-
and gender-sensitive and that ensures a continuum of protection throughout the migration
cycle and across transnational borders;
4. Also calls upon States to promote and protect effectively the human rights
and fundamental freedoms of all migrants, especially unaccompanied migrant children and
adolescents, regardless of their migration status, and to address international migration
through international, regional or bilateral cooperation and dialogue and a comprehensive
and balanced approach, recognizing the roles and responsibilities of countries of origin,
transit and destination in promoting and protecting the human rights of all migrants and
avoiding approaches that might aggravate their vulnerability;
5. Encourages States to prevent the separation of migrant children and
adolescents from their families, to establish effective systems in conformity with their
A/72/53/Add.1
16 GE.17-18194
international obligations and commitments, and to prioritize family reunification for
unaccompanied or separated children with their parents, except when further separation is
necessary in the best interests of the child, taking full account of the right of the child to
express his or her views freely in matters that affect them and ensuring that applications by
the child, or his or her parents, to enter or leave a country for the purpose of family
reunification are dealt with in a positive, humane and expeditious manner and entail no
adverse consequences for the applicants or family members;
6. Reminds States that the detention of a migrant child or adolescent on the
basis of their migration status or that of their parents is seldom, if ever, in the best interests
of the child, and also reminds them of their commitment to work towards ending this
practice, and calls upon States to consider reviewing policies that criminalize cross-border
movements and to adopt alternatives to detention for children that take into account the best
interests of the child, as a primary consideration, and respect the human rights of migrant
children and adolescents, including the right to preserve their identities and family relations
and not to be subjected to arbitrary or unlawful interference with their families;
7. Calls upon States of origin, transit and destination to find effective and
timely responses to the needs of unaccompanied or separated children as soon as they are
identified as such, including, where appropriate and feasible, their integration, voluntary
and safe repatriation or resettlement, in keeping with the principles of due process, the best
interests of the child and non-refoulement, and urges States to develop bilateral or
multilateral agreements that standardize approaches for identifying and implementing
sustainable solutions for unaccompanied or separated children, including a procedure for
monitoring their return;
8. Encourages all States to prevent and eliminate discriminatory policies and
legislation at all levels of government, including those that deny migrant children access to
education and health care and other social services while taking into account the best
interests of the child as a primary consideration in fostering the successful integration of
migrant children into education and health-care systems and other social services and the
removal of barriers to their education and health in host countries and countries of origin;
9. Calls upon all States to ensure that their immigration policies are consistent
with their obligations under international law, including, as applicable, human rights and
humanitarian law, and to promote the enjoyment of human rights by all migrants without
discrimination, including by taking steps to increase cooperation and coordination at all
levels to detect and to end serious human rights violations and abuses, in particular
trafficking and smuggling of migrant children and other forms of abuse and exploitation;
10. Encourages States to take into consideration the present resolution in the
development of the global compact for safe, orderly and regular migration, and to consider
specific measures to strengthen the rights of migrant children and adolescents, paying
particular attention to the specific needs of unaccompanied and separated migrant children;
11. Requests the United Nations High Commissioner for Human Rights, within
the framework of the preparations for the global compact for safe, orderly and regular
migration and in accordance with General Assembly resolutions 71/1 and 71/280 of 6 April
2017, to provide inputs submitted to the Human Rights Council by the Office of the High
Commissioner for the forthcoming stocktaking meeting and to engage with Members States
and the Special Representative of the Secretary-General for International Migration to help
to identify, through a human rights-based approach, concrete measures and best practices to
improve the human rights situation of unaccompanied migrant children and adolescents;
12. Invites the special procedures of the Human Rights Council, in accordance
with their mandates, to continue to give due consideration to the situation of
unaccompanied migrant children and adolescents and the impact of this issue on the full
enjoyment of their human rights, and to continue to report thereon;
13. Decides to remain seized of the matter.
39th meeting
28 September 2017
[Adopted without a vote.]
A/72/53/Add.1
GE.17-18194 17
36/6. Enforced or involuntary disappearances
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the relevant articles of the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights that protect the right of life, the
right to liberty and security of person, the right not to be subjected to torture or cruel,
inhuman or degrading treatment or punishment and the right to recognition as a person
before the law,
Recalling Commission on Human Rights resolution 20 (XXXVI) of 29 February
1980, in which the Commission decided to establish a working group of five members to
serve as experts in their individual capacity and to examine questions relevant to enforced
or involuntary disappearances, and also all previous resolutions on this subject, in particular
Human Rights Council resolutions 7/12 of 27 March 2008 and 16/16 of 24 March 2011, in
which the Council renewed by consensus the mandate of the Working Group on Enforced
or Involuntary Disappearances, as well as Council decision 25/116 of 27 March 2014, and
Council resolutions 21/4 of 27 September 2012 and 27/1 of 25 September 2014,
Recalling also General Assembly resolution 47/133 of 18 December 1992, by which
the Assembly adopted the Declaration on the Protection of All Persons from Enforced
Disappearance as a body of principles for States, Assembly resolution 61/177 of 20
December 2006, by which it adopted the International Convention for the Protection of All
Persons from Enforced Disappearance, which came into force on 23 December 2010, and
Assembly resolution 70/160 of 17 December 2015,
Recalling further that no one shall be subjected to enforced disappearance and that
no exceptional circumstance whatsoever may be invoked as justification for enforced
disappearances,
Welcoming the fact that 96 States have signed the Convention and that 57 States
have ratified or acceded to it, and recognizing that its implementation is a significant
contribution to ending impunity and to the promotion and protection of all human rights for
all,
Recalling the high-level meeting of the General Assembly held on 17 February 2017
to commemorate the tenth anniversary of the adoption of the International Convention for
the Protection of All Persons from Enforced Disappearance, an opportunity to review the
positive impact of the Convention and to discuss ways and best practices to prevent
enforced disappearances and to combat impunity by, inter alia, promoting the universal
ratification of the Convention,
Welcoming the launch by the United Nations High Commissioner for Human Rights
of an international campaign for the universal ratification of the Convention,
Deeply concerned in particular by the increase in enforced or involuntary
disappearances in various regions of the world, including arrest, detention and abduction,
when these are part of or amount to enforced disappearances, and by the growing number
of reports concerning the harassment, ill-treatment and intimidation of witnesses of
disappearances or relatives of disappeared persons,
Recalling that the Convention sets out the right of victims to know the truth
regarding the circumstances of the enforced disappearance, the progress and the result of
the investigation and the fate of the disappeared person, provides for the guarantee of
access to information concerning the whereabouts of the person deprived of liberty to any
person with a legitimate interest in such information, and sets out obligations for the State
party to take appropriate measures in this regard,
Taking note with interest of the recommendation made by the Working Group on
Enforced or Involuntary Disappearances that more assistance should be provided to family
members and members of civil society in order to enable them to report alleged cases of
enforced disappearance to the Working Group, given that, in a large number of cases, the
underreporting of cases of enforced disappearance remains a major problem owing to
various reasons, including, inter alia, fear of reprisal, weak administration of justice,
poverty and illiteracy,
A/72/53/Add.1
18 GE.17-18194
Taking note with interest also of the most recent thematic reports prepared by the
Working Group, including the study on enforced or involuntary disappearances and
economic, social and cultural rights 11 and its report on enforced disappearances in the
context of migration,12
Acknowledging the fact that acts of enforced disappearance may amount to crimes
against humanity as it is defined by the Rome Statute of the International Criminal Court,
Welcoming the decision of the General Assembly to declare 30 August International
Day of the Victims of Enforced Disappearances, as well as the decision of the Assembly in
its resolution 65/196 of 21 December 2010 to proclaim, pursuant to the recommendation
made by the Human Rights Council in its resolution 14/7 of 17 June 2010, 24 March as the
International Day for the Right to the Truth concerning Gross Human Rights Violations and
for the Dignity of Victims, and its call upon Member States, the United Nations system and
other international and regional organizations, national human rights institutions, civil
society and other relevant stakeholders to observe these days,
Acknowledging that many States cooperate with the Working Group, including by
responding favourably to its requests for visits to their countries,
Recalling Human Rights Council resolution 5/1, on institution-building of the
Council, and resolution 5/2, on the Code of Conduct for Special Procedures Mandate
Holders of the Council, both of 18 June 2007, and stressing that mandate holders shall
discharge their duties in accordance with those resolutions and the annexes thereto,
1. Calls upon all States that have not yet signed, ratified or acceded to the
International Convention for the Protection of All Persons from Enforced Disappearance to
consider doing so as a matter of priority, and to consider as well the option provided for in
articles 31 and 32 of the Convention regarding the Committee on Enforced Disappearances;
2. Calls upon States to cooperate with the Working Group on Enforced or
Involuntary Disappearances and to respond favourably to its request for visits;
3. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to continue their intensive efforts to assist States interested in becoming
parties to the Convention, while recognizing that a significant number of States support
universal ratification;
4. Takes note with appreciation of the reports of the Working Group,13 and
encourages States to give due consideration to the comments and recommendations
contained therein;
5. Welcomes the important work undertaken by the Working Group to address
all situations of enforced disappearance;
6. Encourages the Working Group to continue to explore issues regarding
enforced disappearances and to continue to submit reports to the Human Rights Council, in
accordance with its mandate;
7. Welcomes the cooperation established between the Working Group and the
Committee on Enforced Disappearances, as well as with other relevant special procedures
and treaty bodies, within the framework of their respective mandates, and encourages them
to continue their cooperation in the future;
8. Decides to extend the mandate of the Working Group for a further period of
three years, in conformity with the terms set forth in Human Rights Council resolution 7/12;
9. Calls upon States that have not provided substantive replies concerning
claims of enforced disappearances in their countries to do so, and to give due consideration
to relevant recommendations concerning this issue made by the Working Group in its
reports;
11 See A/HRC/30/38/Add.5.
12 A/HRC/36/39/Add.2.
13 A/HRC/33/51 and A/HRC/36/39.
A/72/53/Add.1
GE.17-18194 19
10. Encourages the Working Group, in accordance with its working methods, to
continue to provide the States concerned with relevant and detailed information concerning
allegations of enforced disappearances in order to facilitate a prompt and substantive
response to these communications without prejudice to the need for the States concerned to
cooperate with the Working Group;
11. Requests the Secretary-General to continue to provide the Working Group
with all financial and human resources necessary to enable it to carry out fully its mandate;
12. Decides to continue consideration of the question of enforced disappearances
in accordance with its programme of work.
39th meeting
28 September 2017
[Adopted without a vote.]
36/7. Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights, the International Covenant
on Economic, Social and Cultural Rights, the International Covenant on Civil and Political
Rights, the Vienna Declaration and Programme of Action, the Geneva Conventions of 12
August 1949 and the Additional Protocols thereto of 8 June 1977, and other relevant
international human rights law and international humanitarian law instruments,
Reaffirming also the significance of the Convention on the Prevention and
Punishment of the Crime of Genocide, and recalling in this regard the Convention on the
Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity as
effective international instruments for the prevention and punishment of genocide, war
crimes and crimes against humanity,
Recalling the International Convention for the Protection of All Persons from
Enforced Disappearance, adopted by the General Assembly in its resolution 61/177 of 20
December 2006, in which article 24, paragraph 2 sets out the right of victims to know the
truth regarding the circumstances of the enforced disappearance, the progress and results of
the investigation and the fate of the disappeared person, and sets forth State party
obligations to take appropriate measures in this regard, and the preamble reaffirms the right
to freedom to seek, receive and impart information to that end,
Recalling also the set of principles for the protection and promotion of human rights
through action to combat impunity,14 and the updated version of those principles,15
Recalling further General Assembly resolution 60/147 of 16 December 2005, in
which the Assembly adopted the Basic Principles and Guidelines on the Right to a Remedy
and Reparation for Victims of Gross Violations of International Human Rights Law and
Serious Violations of International Humanitarian Law,
Recalling Commission on Human Rights resolutions 2005/70 of 20 April 2005, on
human rights and transitional justice, 2005/81 of 21 April 2005, on impunity, and 2005/66
of 20 April 2005, on the right to the truth, Human Rights Council resolutions 9/10 of 24
September 2008, 12/11 of 1 October 2009, 21/15 of 27 September 2012 and 33/19 of 30
September 2016, on human rights and transitional justice, 9/11 of 18 September 2008,
12/12 of 1 October 2009 and 21/7 of 27 September 2012, on the right to the truth, 10/26 of
27 March 2009 and 15/5 of 29 September 2010, on forensic genetics and human rights,
Council decisions 2/105 of 27 November 2006, on the right to the truth, and 4/102 of 23
March 2007, on transitional justice, and General Assembly resolution 68/165 of 18
December 2013, on the right to the truth,
14 E/CN.4/Sub.2/1997/20/Rev.1, annex II.
15 E/CN.4/2005/102/Add.1.
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20 GE.17-18194
Reaffirming Human Rights Council resolution 18/7 of 29 September 2011, in which
the Council decided to establish the mandate of Special Rapporteur on the promotion of
truth, justice, reparation and guarantees of non-recurrence,
Recalling the report of the Secretary-General on the rule of law and transitional
justice in conflict and post-conflict societies16 and his 2011 follow-up report on the same
topic,17 including the relevant recommendations contained therein, as well as his reports
issued in 2006, 2012, 2013 and 201418 outlining a programme of action to enhance the
effectiveness of the support provided by the United Nations system for the promotion of the
rule of law in conflict and post-conflict situations,
Acknowledging that the fight against impunity and the implementation of transitional
justice processes, including the promotion of truth, justice, reparation and guarantees of
non-recurrence, can prevent the recurrence of gross violations of human rights and serious
violations of international humanitarian law,
Recalling General Assembly resolution 70/262 of 27 April 2016, on the review of
the United Nations peacebuilding architecture, and Security Council resolution 2282 (2016)
of 27 April 2016, in which the Assembly and the Council, inter alia, stressed that a
comprehensive approach to transitional justice, including the promotion of healing and
reconciliation, a professional, accountable and effective security sector, including through
its reform, and inclusive and effective demobilization, disarmament and reintegration
programmes, including the transition from demobilization and disarmament to reintegration,
are critical to the consolidation of peace and stability, promoting poverty reduction, the rule
of law, access to justice and good governance, further extending legitimate State authority
and preventing countries from lapsing or relapsing into conflict,
Noting with appreciation the active engagement of the United Nations, including the
Office of the United Nations High Commissioner for Human Rights, in assisting States to
address gross human rights violations and serious violations of international humanitarian
law, in cooperation with and at the request of States,
Recalling its resolutions 5/1, on institution-building of the Human Rights Council,
and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of
18 June 2007, and stressing that the mandate holder shall discharge his or her duties in
accordance with those resolutions and the annexes thereto,
Recognizing that the Special Rapporteur on the promotion of truth, justice,
reparations and guarantees of non-recurrence will continue to deal with situations in which
there have been gross violations of human rights and serious violations of international
humanitarian law,
Underlining the fact that, when designing and implementing strategies, policies and
measures to address gross human rights violations and serious violations of international
humanitarian law, the specific context of each situation must be taken into account with a
view to preventing the recurrence of crises and future violations of human rights, to ensure
social cohesion, nation-building, ownership and inclusiveness at the national and local
levels, and to promote reconciliation,
Emphasizing the importance of a comprehensive approach incorporating the full
range of judicial and non-judicial measures, including, among others, individual
prosecutions, reparations, truth-seeking, institutional reform, the vetting of public
employees and officials, memorialization initiatives and processes to achieve shared
narratives or an appropriately conceived combination thereof, in order to, inter alia, ensure
accountability, serve justice, provide remedies to victims, promote healing and
reconciliation, establish independent oversight of the security system and restore
confidence in the institutions of the State and promote the rule of law in accordance with
international human rights law,
1. Takes note with appreciation of the reports of the Special Rapporteur on the
promotion of truth, justice, reparation and guarantees of non-recurrence submitted to the
16 S/2004/616.
17 S/2011/634.
18 A/61/636-S/2006/980 and Corr.1, A/66/749, S/2013/341, A/68/213/Add.1 and A/69/181.
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GE.17-18194 21
Human Rights Council at its thirtieth, thirty-fourth and thirty-sixth19 sessions, as well as
those submitted to the General Assembly at its sixty-ninth, seventieth and seventy-first20
sessions, and calls upon States to take due consideration of the recommendations contained
therein when designing and implementing strategies, policies and measures to address gross
human rights violations and serious violations of international humanitarian law within
their national context;
2. Welcomes the work undertaken by the Special Rapporteur in the
implementation of his mandate, the comprehensive, transparent and inclusive consultations
conducted with relevant actors from all regions for his thematic reports, and the
undertaking of country visits;
3. Also welcomes the cooperation of those States that have received the Special
Rapporteur in their country, those that have accepted requests for visits by the Special
Rapporteur and those that have extended invitations to the Special Rapporteur to visit their
country, as well as those that have responded to his requests for information;
4. Decides to extend for a period of three years the mandate of the Special
Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence,
whose tasks will include:
(a) To contribute to and, where applicable, facilitate, upon request, the provision
of technical assistance or advisory services on the issues pertaining to the mandate;
(b) To gather relevant information on national situations, including on normative
frameworks, national practices and experiences, such as truth and reconciliation
commissions and other mechanisms, relating to the promotion of truth, justice, reparation
and guarantees of non-recurrence in addressing gross violations of human rights and serious
violations of international humanitarian law, and to study trends, developments and
challenges and to make recommendations thereon;
(c) To identify, exchange and promote good practices and lessons learned, and to
identify potential additional elements with a view to recommending ways and means to
improve and strengthen the promotion of truth, justice, reparation and guarantees of non-
recurrence;
(d) To develop a regular dialogue and to cooperate with, inter alia, Governments,
international and regional organizations, national human rights institutions and non-
governmental organizations, and relevant United Nations bodies and mechanisms;
(e) To make recommendations concerning, inter alia, judicial and non-judicial
measures when designing and implementing strategies, policies and measures for
addressing gross violations of human rights and serious violations of international
humanitarian law;
(f) To explore further the contribution of transitional justice to the prevention of
gross violations of human rights and serious violations of international humanitarian law,
including genocide, war crimes, ethnic cleansing and crimes against humanity, and their
recurrence;
(g) To conduct country visits and to respond promptly to invitations from States;
(h) To participate in and contribute to relevant international conferences and
events with the aim of promoting a systematic and coherent approach on issues pertaining
to the mandate;
(i) To raise awareness concerning the value of a systematic and coherent
approach when dealing with gross violations of human rights and serious violations of
international humanitarian law, and to make recommendations in this regard;
(j) To integrate a gender perspective throughout the work of the mandate;
(k) To integrate a victim-centred approach throughout the work of the mandate;
19 A/HRC/30/42 and Add.1, A/HRC/34/62 and Add.1, and A/HRC/36/50 and Add.1.
20 See A/69/518, A/70/438 and A/71/567.
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22 GE.17-18194
(l) To work in close coordination, while avoiding unnecessary duplication, with
the Office of the United Nations High Commissioner for Human Rights, other relevant
entities of the United Nations Secretariat, relevant United Nations agencies, funds and
programmes, intergovernmental and non-governmental organizations, other special
procedures of the Human Rights Council and other relevant actors;
5. Urges all States to cooperate with and to assist the Special Rapporteur so that
his mandate can be carried out effectively, including by responding favourably and rapidly
to requests for visits, mindful that country visits are one of the essential tools for the
fulfilment of the mandate of the Special Rapporteur, and to provide him in a timely manner
with all the necessary information requested by him;
6. Requests the Special Rapporteur to continue to report annually to the Human
Rights Council and the General Assembly;
7. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur with all the human, technical and
financial assistance necessary for the effective fulfilment of his mandate;
8. Decides to continue its consideration of this matter under the same agenda
item and in accordance with its programme of work.
39th meeting
28 September 2017
[Adopted without a vote.]
36/8. The full enjoyment of human rights by all women and girls and
the systematic mainstreaming of a gender perspective into the
implementation of the 2030 Agenda for Sustainable
Development
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights and that all human rights
are universal, indivisible, interrelated, interdependent and mutually reinforcing,
Recalling the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights, the Convention on the Elimination of
All Forms of Discrimination against Women, the International Convention on the
Elimination of All Forms of Racial Discrimination, the Convention on the Rights of the
Child, the Convention on the Rights of Persons with Disabilities and all other human rights
instruments,
Recalling also the Vienna Declaration and Programme of Action, the Programme of
Action of the International Conference on Population and Development, the Beijing
Declaration and Platform of Action, the Durban Declaration and Programme of Action and
the outcome documents of their review conferences,
Recalling further General Assembly resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”,
Recalling all relevant resolutions adopted by the General Assembly and the Human
Rights Council, as well as the agreed conclusions adopted by the Commission on the Status
of Women, including the agreed conclusions on women’s empowerment and the link to sustainable development,
Recalling also that the 2030 Agenda for Sustainable Development is grounded in the
Universal Declaration of Human Rights and international human rights treaties, and is
informed by the Declaration on the Right to Development, and recognizing that its
implementation must be consistent with States’ obligations under international human rights law,
Stressing that the full realization of gender equality and the empowerment of all
women and girls will make a crucial contribution to progress across all the Goals and
A/72/53/Add.1
GE.17-18194 23
targets of the 2030 Agenda, and that the systematic mainstreaming of a gender perspective
into the implementation of the Agenda is crucial,
1. Recognizes that the respect, protection and fulfilment of the full enjoyment of
human rights by all women and girls and the full implementation of all Goals and targets of
the 2030 Agenda for Sustainable Development are interrelated and mutually reinforcing;
2. Also recognizes that the full implementation of all Goals and targets of the
2030 Agenda is not possible without the respect, protection and fulfilment of the full
enjoyment of human rights and fundamental freedoms by all women and girls, including
the right to development, which should be mainstreamed into all policies and programmes
aimed at the implementation of the Sustainable Development Goals, in particular the
eradication of poverty;
3. Requests the United Nations High Commissioner for Human Rights, in
collaboration with Member States, the United Nations Entity for Gender Equality and the
Empowerment of Women (UN-Women), the United Nations Population Fund and other
United Nations agencies, funds and programmes, international human rights mechanisms,
civil society organizations and other relevant stakeholders, to organize a two-day
intersessional expert meeting to consider gaps in, challenges to and best practices aimed at
the full enjoyment of human rights by all women and girls and the systematic
mainstreaming of a gender perspective into the implementation of the 2030 Agenda, to
prepare a report on the outcome of the above-mentioned meeting, and to present the report
to the Human Rights Council at its thirty-ninth session.
39th meeting
28 September 2017
[Adopted without a vote.]
36/9. The right to development
The Human Rights Council,
Recalling the Charter of the United Nations and the core human rights instruments,
Reaffirming the Declaration on the Right to Development, adopted by the General
Assembly in its resolution 41/128 of 4 December 1986,
Reiterating the Vienna Declaration and Programme of Action, which reaffirms the
right to development as a universal and inalienable right and an integral part of every
human right,
Reaffirming Human Rights Council resolutions 4/4 of 30 March 2007 and 9/3 of 17
September 2008, and recalling all Council and General Assembly resolutions on the right to
development, the most recent being Council resolution 33/14 of 29 September 2016 and
Assembly resolution 71/192 of 19 December 2016,
Recalling all Commission on Human Rights resolutions on the right to development,
including resolutions 1998/72 of 22 April 1998 and 2004/7 of 13 April 2004 in support of
the implementation of the right to development,
Welcoming the seventeenth Summit of Heads of State or Government of Non-
Aligned Countries, held on Margarita Island, Bolivarian Republic of Venezuela, on 17 and
18 September 2016, and recalling previous summits and conferences at which the States
members of the Movement of Non-Aligned Countries stressed the need to operationalize
the right to development as a priority, including through the elaboration of a convention on
the right to development by the relevant machinery, taking into account the
recommendations of relevant initiatives,
Emphasizing the urgent need to make the right to development a reality for everyone,
Emphasizing also that all human rights and fundamental freedoms, including the
right to development, can only be enjoyed in an inclusive and collaborative framework at
the international, regional and national levels, and in this regard underlining the importance
of engaging the United Nations system, including United Nations specialized agencies,
funds and programmes, within their respective mandates, relevant international
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24 GE.17-18194
organizations, including financial and trade organizations, and relevant stakeholders,
including civil society organizations, development practitioners, human rights experts and
the public at all levels, in discussions on the right to development,
Stressing that the responsibility for managing worldwide economic and social issues
and threats to international peace and security must be shared among the nations of the
world and should be exercised multilaterally, and that, in this regard, the central role must
be played by the United Nations as the most universal and representative organization in
the world,
Welcoming the adoption of the 2030 Agenda for Sustainable Development,21 and
emphasizing that the 2030 Agenda is informed by the Declaration on the Right to
Development and that the right to development provides a vital enabling environment for
the full realization of the Sustainable Development Goals,
Recognizing that achieving the internationally agreed development goals, including
the unmet Millennium Development Goals, the Sustainable Development Goals and climate
change-related goals, requires effective policy coherence and coordination,
Recognizing also that hunger and extreme poverty, in all its forms and dimensions,
are the greatest global challenges and require the collective commitment of the international
community for their eradication, and therefore calling upon the international community to
contribute to the achievement of that goal, in accordance with the Sustainable Development
Goals,
Expressing concern about the increasing number of cases of human rights violations
and abuses by some transnational corporations and other business enterprises, underlining
the need to ensure that appropriate protection, justice and remedies are provided to the
victims of human rights violations and abuses resulting from the activities of those entities,
and underscoring the fact that they must contribute to the means of implementation for the
realization of the right to development,
Emphasizing that all human rights and fundamental freedoms, including the right to
development, are universal, indivisible, interdependent and interrelated,
Underlining that the successful implementation of the Sustainable Development
Goals will require the strengthening of a new, more equitable and sustainable national and
international order, and the promotion and protection of all human rights and fundamental
freedoms,
Noting the commitment declared by a number of United Nations specialized
agencies, funds and programmes and other international organizations to make the right to
development a reality for all, and in this regard urging all relevant bodies of the United
Nations system and other international organizations to mainstream the right to
development into their objectives, policies, programmes and operational activities, and into
development and development-related processes, including the follow-up to the Fourth
United Nations Conference on the Least Developed Countries,
Stressing the primary responsibility of States for the creation of national and
international conditions favourable to the realization of the right to development,
Recognizing that Member States should cooperate with each other in ensuring
development and eliminating lasting obstacles to development, that the international
community should promote effective international cooperation, in particular global
partnerships for development, for the realization of the right to development and the
elimination of obstacles to development, and that lasting progress towards the
implementation of the right to development requires effective development policies at the
national level, equitable economic relations and a favourable economic environment at the
international level,
Encouraging all Member States to engage constructively in the discussions for the
full implementation of the Declaration on the Right to Development with a view to
overcoming the existing political impasse within the Working Group on the Right to
Development,
21 General Assembly resolution 70/1.
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GE.17-18194 25
Affirming that the thirtieth anniversary of the Declaration on the Right to
Development presented a unique opportunity for the international community to
demonstrate and reiterate its unequivocal commitment to the right to development,
recognizing the high profile it deserves, and redoubling its efforts to implement this right,
Stressing that, in General Assembly resolution 48/141 of 20 December 1993, the
Assembly decided that the responsibility of the United Nations High Commissioner for
Human Rights shall be, among others, to promote and protect the realization of the right to
development and to enhance support from relevant bodies of the United Nations system for
that purpose,
Recognizing the need for independent perspectives and expert advice to strengthen
the work of the Working Group on the Right to Development and to support the efforts of
Member States to realize fully the right to development, including in the context of the
implementation of the Sustainable Development Goals,
Reaffirming Human Rights Council resolutions 5/1, on institution-building of the
Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the
Council, of 18 June 2007, and stressing that the mandate holder shall discharge the duties of
the mandate in accordance with those resolutions and the annexes thereto,
1. Takes note of the consolidated report of the Secretary-General and the United
Nations High Commissioner for Human Rights on the right to development;22
2. Requests the High Commissioner to continue to submit to the Human Rights
Council an annual report on the activities of the Office of the United Nations High
Commissioner for Human Rights, including on inter-agency coordination within the United
Nations system that have direct relevance to the realization of the right to development, and
to provide an analysis of its implementation, taking into account existing challenges and
making recommendations on how to overcome them, in his next annual report;
3. Urges the High Commissioner to pursue his efforts, in fulfilment of his
mandated responsibility, to enhance support for the promotion and protection of the
realization of the right to development, taking as reference the Declaration on the Right to
Development, all resolutions of the General Assembly, the Commission on Human Rights
and the Human Rights Council on the right to development, and agreed conclusions and
recommendations of the Working Group on the Right to Development;
4. Requests the Office of the High Commissioner, in the implementation of the
Declaration on the Right to Development, to take sufficient measures to ensure balanced
and visible allocation of resources and due attention to ensure the visibility of the right to
development by identifying and implementing tangible projects dedicated to the right to
development, in collaboration with the Special Rapporteur on the right to development, and
to provide regular updates to the Human Rights Council in this regard;
5. Recognizes the need for renewed efforts towards intensifying deliberations in
the Working Group to fulfil, at the earliest, its mandate as established by the Commission
on Human Rights in its resolution 1998/72 and the Human Rights Council in its resolution
4/4;
6. Acknowledges the need to strive for greater acceptance, operationalization
and realization of the right to development at the international level, while urging all States
to undertake at the national level the necessary policy formulation and to institute the
measures required for the implementation of the right to development as an integral part of
all human rights and fundamental freedoms;
7. Welcomes the celebrations held in 2016 to commemorate the thirtieth
anniversary of the Declaration on the Right to Development, including the annual high-
level panel discussion on human rights mainstreaming, with the theme “The 2030 Agenda for Sustainable Development and human rights, with an emphasis on the right to
development”, convened at the thirty-first session of the Human Rights Council, the panel discussion on the promotion and protection of the right to development, convened at the
thirty-second session of the Council, and the high-level segment of the General Assembly
22 A/HRC/36/23.
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26 GE.17-18194
to commemorate the thirtieth anniversary of the Declaration on the Right to Development,
held at the seventy-first session of the Assembly, which provided a unique opportunity to
Member States to demonstrate and reiterate their political commitment, accord the right to
development the great attention it deserves and to redouble their efforts towards the
realization of the right to development;
8. Also welcomes the report of the Chair-Rapporteur of the Working Group on
the Right to Development on its eighteenth session;23
9. Further welcomes the re-election of the Chair-Rapporteur of the Working
Group and the skill with which he led the discussions at the eighteenth session;
10. Notes the presentation to the Working Group at its eighteenth session of the
set of standards for the implementation of the right to development prepared by the Chair-
Rapporteur of the Working Group,24 which is a useful basis for further deliberations on the
implementation and realization of the right to development;
11. Acknowledges the preparation by the secretariat of a paper containing
comments and views submitted by Governments, groups of Governments, regional groups
and stakeholders on the criteria and operational subcriteria of the right to development;25
12. Requests the Working Group to finalize its consideration of the criteria and
operational subcriteria as expeditiously as possible, preferably by no later than its
nineteenth session;
13. Acknowledges with appreciation the proposal by the Movement of Non-
Aligned Countries on a set of standards regarding the implementation and realization of the
right to development26 and its further contributions aimed at finalizing the criteria and
subcriteria of the right to development;27
14. Requests the High Commissioner to facilitate the participation of experts in
the nineteenth session of the Working Group, to provide advice with a view to contributing
to discussions on the implementation and realization of the right to development, including
the implications of the 2030 Agenda for Sustainable Development, and looks forward to the
possible engagement of the Working Group with the high-level political forum;
15. Welcomes the report of the Special Rapporteur on the right to development
submitted to the Human Rights Council,28 and requests him to pay particular attention to the
implementation of the right to development, which facilitates the full enjoyment of human
rights, in accordance with his mandate;
16. Requests the Special Rapporteur on the right to development to hold
consultations with States and regional consultations on the implementation of the right to
development, and requests the Office of the High Commissioner to assist the Special
Rapporteur in the organization and holding of those consultations, including through the
allocation of sufficient budgetary resources;
17. Decides:
(a) To continue to act to ensure that its agenda promotes and advances
sustainable development and the achievement of the remaining Millennium Development
Goals and of the Sustainable Development Goals, and in this regard lead to raising the right
to development, as set out in paragraphs 5 and 10 of the Vienna Declaration and
Programme of Action, to the same level and on a par with all other human rights and
fundamental freedoms;
(b) To endorse the recommendations of the Working Group adopted at its
eighteenth session;
(c) That the Working Group, taking into account Human Rights Council
resolution 9/3, shall finalize its consideration of the criteria and operational subcriteria,
23 A/HRC/36/35.
24 A/HRC/WG.2/17/2.
25 A/HRC/WG.2/18/CRP.1.
26 A/HRC/WG.2/18/G/1.
27 See A/HRC/WG.2/18/CRP.1.
28 A/HRC/36/49.
A/72/53/Add.1
GE.17-18194 27
preferably no later than its nineteenth session, in relation to the elaboration of a
comprehensive and coherent set of standards for the implementation of the right to
development, and shall take appropriate steps to ensure respect for the practical application
of these standards in order for them to evolve into a basis for consideration of an
international legal standard of a binding nature, through a collaborative process of
engagement;
(d) That the Working Group shall invite the Special Rapporteur, in consultation
with Member States, to provide his views on the work of the Working Group and its
relevant agenda items, at its nineteenth session;
18. Encourages relevant bodies of the United Nations system, within their
respective mandates, including United Nations specialized agencies, funds and programmes,
relevant international organizations, including the World Trade Organization and relevant
stakeholders, including civil society organizations, to give due consideration to the right to
development in the implementation of the 2030 Agenda for Sustainable Development, to
contribute further to the work of the Working Group, and to cooperate with the High
Commissioner and the Special Rapporteur in the fulfilment of their mandates with regard to
the implementation of the right to development;
19. Decides to review the progress of the implementation of the present
resolution, as a matter of priority, at its future sessions.
39th meeting
28 September 2017
[Adopted by a recorded vote of 31 to 11, with 4 abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa, Togo,
Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia, Netherlands,
Switzerland, United Kingdom of Great Britain and Northern Ireland, United
States of America
Abstaining:
Albania, Portugal, Republic of Korea, Slovenia]
36/10. Human rights and unilateral coercive measures
The Human Rights Council,
Recalling the purposes and principles of the Charter of the United Nations,
Recalling also all previous resolutions on human rights and unilateral coercive
measures adopted by the Commission on Human Rights, the Human Rights Council and the
General Assembly,
Reaffirming Human Rights Council resolution 34/13 of 24 March 2017 and General
Assembly resolution 71/193 of 19 December 2016,
Stressing that unilateral coercive measures and legislation are contrary to
international law, international humanitarian law, the Charter and the norms and principles
governing peaceful relations among States,
Recognizing the universal, indivisible, interdependent and interrelated character of
all human rights, and in this regard reaffirming the right to development as a universal and
inalienable right and an integral part of all human rights,
Expressing its grave concern at the negative impact of unilateral coercive measures
on human rights, development, international relations, trade, investment and cooperation,
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28 GE.17-18194
Reaffirming that no State may use or encourage the use of any type of measure,
including but not limited to economic or political measures, to coerce another State in order
to obtain from it the subordination of the exercise of its sovereign rights and to secure from
it advantages of any kind,
Recognizing that unilateral coercive measures in the form of economic sanctions
have far-reaching implications for the human rights of the general population of targeted
States, disproportionately affecting the poor and the most vulnerable classes,
Alarmed by the fact that most current unilateral coercive measures have been
imposed, at great cost, in terms of the human rights of the poorest and of persons in
vulnerable situations, on developing countries by developed countries,
Underlining that under no circumstances should people be deprived of their basic
means of survival,
Recognizing that long-term unilateral coercive measures may result in social
problems and raise humanitarian concerns in the States targeted,
Highlighting the deep-rooted problems and grievances within the international
system and the importance for the United Nations to give a voice to all members of the
international community in order to ensure multilateralism, mutual respect and the peaceful
settlement of disputes,
Expressing its grave concern that the laws and regulations imposing unilateral
coercive measures have, in some instances, an extraterritorial effect not only on targeted
countries but also on third countries, in contravention of the basic principles of international
law, in a manner that will coerce the latter also to apply the unilateral coercive measures,
Welcoming the final document and declaration adopted at the seventeenth Summit of
Heads of State and Government of the Movement of Non-Aligned Countries, held on
Margarita Island, Bolivarian Republic of Venezuela, on 17 and 18 September 2016, in
which the Movement reaffirmed, among other things, its principled position of
condemnation of the promulgation and application of unilateral coercive measures against
countries of the Movement, which are in violation of the Charter and international law and
undermine, among other things, the principles of sovereignty, territorial integrity, political
independence, self-determination and non-interference,
Reaffirming that each State has full sovereignty over the totality of its wealth,
natural resources and economic activity, exercising it freely, in accordance with General
Assembly resolution 1803 (XVII) of 14 December 1962,
Recalling that the World Conference on Human Rights, held in Vienna from 14 to
25 June 1993, called upon States to refrain from any unilateral measure not in accordance
with international law and the Charter and that created obstacles to trade relations among
States and impeded the full realization of all human rights, and that also severely threatened
the freedom of trade,
Deeply concerned that, despite the resolutions adopted on this issue by the General
Assembly, the Human Rights Council, the Commission on Human Rights and at United
Nations conferences held in the 1990s and at their five-year reviews, and contrary to norms
of international law and the Charter, unilateral coercive measures continue to be
promulgated, implemented and enforced by, inter alia, resorting to war and militarism, with
all their negative implications for the social-humanitarian activities and economic and
social development of developing countries, including their extraterritorial effects, thereby
creating additional obstacles to the full enjoyment of all human rights by peoples and
individuals under the jurisdiction of other States,
Deeply disturbed by the negative impact of unilateral coercive measures on the right
to life, the rights to health and medical care, the right to freedom from hunger and the right
to an adequate standard of living, food, education, work and housing,
Alarmed by the disproportionate and indiscriminate human costs of unilateral
sanctions and their negative effects on the civilian population, in particular women and
children, of targeted States,
Reaffirming that unilateral coercive measures are major obstacles to the
implementation of the Declaration on the Right to Development,
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GE.17-18194 29
Concerned that unilateral coercive measures have prevented humanitarian
organizations from making financial transfers to States where they work,
Underlining that, in each situation worldwide, unilateral coercive measures have a
negative impact on human rights,
Underlining also the necessity of examining the wide range of impact of unilateral
coercive measures on international humanitarian and human rights law and on the economy,
peace, security and social fabric of States,
Highlighting the need to monitor human rights violations associated with unilateral
coercive measures and to promote accountability,
Recalling Human Rights Council resolutions 5/1, on the institution-building of the
Council, and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the
Council, of 18 June 2007, and stressing that the mandate holder shall discharge his duties in
accordance with those resolutions and the annexes thereto,
Recalling also article 1 (2) common to the International Covenant on Civil and
Political Rights and the International Covenant on Economic, Social and Cultural Rights,
which provides that, inter alia, in no case may a people be deprived of its own means of
subsistence,
1. Welcomes the work of the Special Rapporteur on the negative impact of
unilateral coercive measures on the enjoyment of human rights, including his thematic
reports and country visits;
2. Also welcomes the report of the Special Rapporteur;29
3. Decides to extend for a period of three years the mandate of the Special
Rapporteur, as set out in Human Rights Council resolution 27/21 of 26 September 2014;
4. Requests the Office of the United Nations High Commissioner for Human
Rights to continue to give high priority to human rights and unilateral coercive measures, to
pursue further work in this area in full cooperation with the Special Rapporteur in his
various activities, and to continue to provide the Special Rapporteur with all the assistance
necessary for the effective fulfilment of his mandate;
5. Calls upon all Governments to cooperate with and assist the Special
Rapporteur in his tasks, to supply all necessary information requested by the mandate
holder, and to respond favourably to his requests to visit their countries to enable him to
fulfil his mandate effectively;
6. Invites relevant United Nations agencies, funds and programmes, treaty
bodies and civil society actors, including non-governmental organizations, as well as the
private sector, to cooperate fully with the Special Rapporteur in the fulfilment of his
mandate;
7. Decides to continue its consideration of the issue of human rights and
unilateral coercive measures in accordance with its programme of work.
39th meeting
28 September 2017
[Adopted by a recorded vote of 30 to 15, with 1 abstention. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa, Tunisia,
United Arab Emirates, Venezuela (Bolivarian Republic of)
29 A/HRC/36/44.
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30 GE.17-18194
Against:
Albania, Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia,
Netherlands, Portugal, Republic of Korea, Slovenia, Switzerland, United
Kingdom of Great Britain and Northern Ireland, United States of America
Abstaining:
Togo]
36/11. Mandate of the open-ended intergovernmental working group
to elaborate the content of an international regulatory
framework on the regulation, monitoring and oversight of the
activities of private military and security companies
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling General Assembly resolution 60/251 of 15 March 2006, and Human
Rights Council resolution 5/1, on institution-building of the Council, and resolution 5/2, on
the Code of Conduct for Special Procedures Mandate Holders, both of 18 June 2007,
Recalling also Human Rights Council resolution 15/26 of 1 October 2010,
establishing the open-ended intergovernmental working group to consider the possibility of
elaborating an international regulatory framework on the regulation, monitoring and
oversight of the activities of private military and security companies,
Taking note of the recommendations of the first six sessions of the open-ended
intergovernmental working group,
Recognizing the need to protect human rights and ensure accountability for
violations and abuses relating to the activities of private military and security companies,
Noting relevant national, regional and international standards and tools, including
those prepared by various stakeholders,
1. Decides to establish a new open-ended intergovernmental working group, for
a period of three years, with a mandate to elaborate the content of an international
regulatory framework, without prejudging the nature thereof, to protect human rights and
ensure accountability for violations and abuses relating to the activities of private military
and security companies, to be informed by the discussion document on elements for an
international regulatory framework on the regulation, monitoring and oversight of the
activities of private military and security companies, as prepared by the Chair-Rapporteur,
and further inputs from Member States and other stakeholders;
2. Also decides that the working group shall meet for five working days and
submit an annual progress report to the Human Rights Council in conformity with its
annual programme of work;
3. Acknowledges the importance of providing the working group with the
expertise and expert advice necessary to fulfil its mandate, and decides that the working
group shall invite experts and all relevant stakeholders to participate in its work;
4. Invites the contributions of Governments, relevant special procedure mandate
holders and mechanisms of the Human Rights Council, the treaty bodies, regional groups,
intergovernmental organizations, civil society, the industry and other stakeholders with
relevant expertise, including the Co-Chairs of the Montreux Document Forum and the
International Code of Conduct Association;
5. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the working group with all the financial and human resources
necessary for the fulfilment of its mandate;
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GE.17-18194 31
6. Decides to remain seized of this important matter.
39th meeting
28 September 2017
[Adopted without a vote.]
36/12. World Programme for Human Rights Education
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenants
on Human Rights and other relevant international human rights instruments,
Reaffirming the call of the World Conference on Human Rights, held in Vienna in
1993, on all States and institutions to include human rights, humanitarian law, democracy
and rule of law in the curricula of all learning institutions, and its statement that human
rights education should include peace, democracy, development and social justice, as set
forth in international and regional human rights instruments, in order to achieve common
understanding and awareness with a view to strengthening universal commitment to human
rights,
Reaffirming also that all human rights are universal, indivisible, interdependent and
interrelated, and that the international community must treat human rights globally in a fair
and equal manner, on the same footing and with the same emphasis, and while the
significance of national and regional particularities and various historical, cultural and
religious backgrounds must be borne in mind, it is the duty of States, regardless of their
political, economic and cultural systems, to promote and protect all human rights and
fundamental freedoms,
Recalling General Assembly resolution 59/113A of 10 December 2004, in which the
Assembly proclaimed the World Programme for Human Rights Education as an
international effort under the auspices of the United Nations to advance the implementation
of human rights education in all sectors, and all previous resolutions of the Human Rights
Council on human rights education and training,
Reaffirming the United Nations Declaration on Human Rights Education and
Training, adopted by the General Assembly in its resolution 66/137 on 19 December 2011,
and that States are duty-bound, as stipulated in the Universal Declaration of Human Rights
and the International Covenant on Economic, Social and Cultural Rights, to ensure that
education is aimed at strengthening respect for human rights and fundamental freedoms,
and that every individual and every organ of society should strive by teaching and
education to promote respect for human rights and fundamental freedoms,
Recalling the 2005 World Summit Outcome, in which Heads of State and
Government supported the promotion of human rights education and learning at all levels,
including through the implementation of the World Programme for Human Rights
Education, as appropriate, and encouraged all States to develop initiatives in that regard,
Recalling also that the World Programme is an ongoing initiative structured in
consecutive phases to advance the implementation of human rights education programmes
in all sectors, and that States should continue the implementation of previous phases while
taking the necessary measures to implement the ongoing phase,
Convinced that human rights education is a long-term and lifelong process by which
everyone learns tolerance and respect for the dignity of others and the means and methods
of ensuring that respect in all societies,
Reaffirming the constructive role played by national human rights institutions, in
particular in their advisory capacity to the competent authorities, in the dissemination of
human rights information and education in human rights and their role in preventing and
remedying human rights violations,
Believing that human rights education and training is essential to the effective
realization of human rights and fundamental freedoms and contributes significantly by
promoting equality, preventing conflict and human rights violations and abuses, and
enhancing participation and democratic processes with a view to developing societies in
A/72/53/Add.1
32 GE.17-18194
which all human beings are valued and respected, without discrimination or distinction of
any kind, such as race, colour, sex, language, religion, political or other opinion, national or
social origin, property, birth or other status,
Recalling General Assembly resolution 70/254 of 12 February 2016, and taking note
of the Secretary-General’s Plan of Action to Prevent Violent Extremism, which identifies human rights education and training as a strategy for preventing and addressing violent
extremism,
Welcoming the adoption of the 2030 Agenda for Sustainable Development,
including Goal 4, target 7 thereof, and of the Education 2030 Framework for Action, and
affirming the interlinkages and integrated nature of all Sustainable Development Goals and
targets,
1. Takes note with appreciation of the midterm progress report on the
implementation of the third phase of the World Programme for Human Rights Education
prepared by the Office of the United Nations High Commissioner for Human Rights;30
2. Notes with appreciation the initiatives by all relevant stakeholders for the
implementation of the third phase of the World Programme;
3. Welcomes the convening of the high-level panel discussion on the
implementation of the United Nations Declaration on Human Rights Education and
Training: good practices and challenges on 14 September 2016, and the summary report
thereon prepared by the Office of the High Commissioner;31
4. Encourages States and all other stakeholders to strengthen the
implementation of all phases of the World Programme for Human Rights Education;
5. Welcomes the efforts of the Office of the High Commissioner, the United
Nations Educational, Scientific and Cultural Organization and Member States in advancing
human rights education and training globally, including through the promotion of national
implementation of the World Programme for Human Rights Education, methodological and
training support, capacity-building and technical assistance;
6. Urges the High Commissioner and the United Nations Educational, Scientific
and Cultural Organization to step up collaboration with States, upon request, in order to
build their capacity for human rights education and training;
7. Reiterates the need to strengthen international cooperation and coordination
in order to advance human rights education and training as a necessary tool for the
promotion and protection of human rights, and encourages States to provide, upon request,
technical support to countries willing to implement nationally the plans of action adopted in
the context of the World Programme on Human Rights Education;
8. Recognizes that the adoption of the 2030 Agenda for Sustainable
Development, which specifically includes human rights education under Goal 4, target 7,
provides an opportunity for promoting human rights education, in accordance with the
United Nations Declaration on Human Rights Education and Training and other existing
global frameworks for action, including the World Programme for Human Rights
Education, coordinated by the Office of the High Commissioner, and the global citizenship
education programme of the United Nations Educational, Scientific and Cultural
Organization, as well as other regional and national initiatives in the field, and stresses the
need to promote synergies among them;
9. Also recognizes that the World Programme for Human Rights Education can
contribute to the implementation of the 2030 Agenda for Sustainable Development, and
encourages the Office of the High Commissioner, in cooperation with the United Nations
Educational, Scientific and Cultural Organization, to continue to support States’ efforts to implement the 2030 Agenda, including Goal 4, target 7 thereof;
10. Requests the Office of the High Commissioner to seek the views of States,
national human rights institutions, civil society organizations and other relevant
30 A/HRC/36/24.
31 A/HRC/35/6.
A/72/53/Add.1
GE.17-18194 33
stakeholders on the target sectors, focus areas or thematic human rights issues for the fourth
phase of the World Programme, bearing in mind possible synergies with the 2030 Agenda
for Sustainable Development and other relevant initiatives on human rights education and
training, and to submit a report thereon to the Human Rights Council at its thirty-ninth
session.
39th meeting
28 September 2017
[Adopted without a vote.]
36/13. Mental health and human rights
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Guided also by the Universal Declaration of Human Rights and by all relevant
international human rights treaties, in particular, the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights, the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, the Convention on the Elimination of All Forms of Discrimination against
Women, the Convention on the Rights of the Child and the Convention on the Rights of
Persons with Disabilities,
Reaffirming Human Rights Council resolution 32/18 of 1 July 2016 on mental health
and human rights and Council resolutions on the rights of persons with disabilities,
Welcoming the Sustainable Development Goals, including Goal 3, on ensuring
healthy lives and promoting well-being for all at all ages, its specific and interlinked targets
and its close interlinkages with Goal 1, on eradicating poverty, and Goal 10, on reducing
inequalities,
Underscoring that the full realization of human rights and fundamental freedoms for
all contributes to the efforts to implement the Sustainable Development Goals, while
recognizing that, inter alia, discrimination, stigma, corruption, violence and abuse are major
obstacles in this regard,
Underscoring also that the implementation of the Sustainable Development Goals
contributes to the full realization of human rights and fundamental freedoms for all,
Reaffirming that all human rights are universal, indivisible, interrelated,
interdependent and mutually reinforcing,
Reaffirming also that all human beings are born free and equal in dignity and rights,
and recognizing that these rights derive from the inherent dignity of the human person,
Reaffirming further that everyone has the right to life, liberty and security of person,
the equal right to live independently and be included in the community and the right to
equal recognition before the law, and that no one shall be subjected to torture or to cruel,
inhuman or degrading treatment or punishment,
Recalling the general principles reflected in the Convention on the Rights of Persons
with Disabilities, namely respect for inherent dignity, individual autonomy and
independence, and full and effective participation and inclusion in society,
Reaffirming the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health, and emphasizing that mental health is an integral part of that
right,
Taking note of the work of the treaty bodies in relation to issues of mental health and
human rights, including in the context of their general comments, in particular Committee
on the Rights of Persons with Disabilities general comment No. 5 (2017) on living
independently and being included in the community,
Reaffirming the right of everyone to be guaranteed the full enjoyment of their human
rights and fundamental freedoms, without discrimination of any kind,
A/72/53/Add.1
34 GE.17-18194
Deeply concerned that persons with mental health conditions or psychosocial
disabilities, in particular persons using mental health services, may be subject to, inter alia,
widespread discrimination, stigma, prejudice, violence, abuse, social exclusion and
segregation, unlawful or arbitrary institutionalization, overmedicalization and treatment
practices that fail to respect their autonomy, will and preferences,
Equally concerned that such practices may constitute or lead to violations and
abuses of their human rights and fundamental freedoms, sometimes amounting to torture or
other cruel, inhuman, or degrading treatment or punishment, and conscious that greater
commitment is needed to address all remaining challenges in this regard,
Recognizing the need to protect, promote and respect all human rights in the global
response to mental health-related issues, and stressing that mental health and community
services should integrate a human rights perspective so as to avoid any harm to persons
using them and to respect their dignity, integrity, choices and inclusion in the community,
Concerned at the instances of multiple, intersecting and aggravated forms of
discrimination, stigma, violence and abuses that affect the enjoyment of human rights in the
context of mental health, and recalling how important it is for States to adopt, implement,
update, strengthen or monitor, as appropriate, laws, policies and practices to eradicate any
form of discrimination, stigma, violence and abuse in this regard,
Recognizing the particularly important role that psychiatry and other mental health
professions should have, alongside, inter alia, government institutions and services, actors
within the justice system, including the penitentiary system, civil society organizations and
national human rights institutions, in taking measures to ensure that practices in the field of
mental health do not perpetuate stigma and discrimination or lead to violations or abuses of
human rights,
Acknowledging that the Convention on the Rights of Persons with Disabilities laid
the foundation for a paradigm shift in mental health and created the momentum for
deinstitutionalization and the identification of a model of care based on respect for human
rights that, inter alia, addresses the global burden of obstacles in mental health, provides
effective mental health and community-based services and respects the enjoyment of legal
capacity on an equal basis with others,
Reaffirming that the right to the enjoyment of the highest attainable standard of
physical and mental health is an inclusive right, and reaffirming also the need to address
issues related to health care and to the underlying determinants of health in this context,
Recalling that, according to the Constitution of the World Health Organization,
health is a state of complete physical, mental and social well-being and not merely the
absence of disease or infirmity,
Concerned that there is a continuing lack of parity between physical and mental
health reflected in the marginalization of mental health within health policies and budgets
or in medical education, research and practice, and stressing the importance of investing
more on mental health promotion through a multisectoral approach that is based on respect
for human rights and that also addresses the underlying social, economic and environmental
determinants of mental health,
Underscoring that States should ensure that persons with mental health conditions or
psychosocial disabilities, in particular persons using mental health services, have access to
a range of support services that are based on respect for human rights in order to live
independently, be included in the community, exercise their autonomy and agency,
participate meaningfully in and decide upon all matters affecting them and have their
dignity respected, on an equal basis with others,
Reaffirming the right of refugees and migrants to the enjoyment of the highest
attainable standard of physical and mental health, and underscoring the vulnerable
situations that can have a negative impact on the mental health of persons on the move,
Recognizing that women and girls with mental health conditions or psychosocial
disabilities at all ages, in particular those using mental health services, face an increased
vulnerability to violence, abuse, discrimination and negative stereotyping, and underscoring
the need to take all appropriate measures to ensure access to mental health and community
services that are gender-sensitive,
A/72/53/Add.1
GE.17-18194 35
Acknowledging that the multiple or aggravated forms of discrimination, stigma,
violence and abuse often faced by people living with, presumed to be living with or
affected by HIV/AIDS and by members of key populations have negative consequences on
their enjoyment of the highest attainable standard of mental health,
Convinced that the Human Rights Council, in fulfilling its responsibility for
promoting universal respect for the protection of all human rights and fundamental
freedoms for all, without distinction of any kind and in a fair and equal manner, has an
important role to play in the area of mental health and human rights, to foster constructive
international dialogue and cooperation, and to promote human rights education and learning,
and also advisory services, technical assistance, capacity-building and awareness-raising,
Acknowledging the leadership of the World Health Organization in the field of
health and also the work that it has carried out to date to, inter alia, integrate a human rights
perspective into mental health, and recalling the commitment of States to achieve this
through the implementation of the Organization’s comprehensive mental health action plan 2013-2020,
1. Takes note with appreciation of the report of the United Nations High
Commissioner for Human Rights on mental health and human rights;32
2. Also takes note with appreciation of the report of the Special Rapporteur on
the right of everyone to the enjoyment of the highest attainable standard of physical and
mental health on the right of everyone to mental health;33
3. Further takes note with appreciation of the report of the Special Rapporteur
on the rights of person with disabilities on the provision of different forms of rights-based
support for persons with disabilities, including access to adequate decision-making support
when seeking to make informed health-related choices;34
4. Reaffirms the obligation of States to protect, promote and respect all human
rights and fundamental freedoms and to ensure that policies and services related to mental
health comply with international human rights norms;
5. Urges States to take active steps to fully integrate a human rights perspective
into mental health and community services, and to adopt, implement, update, strengthen or
monitor, as appropriate, all existing laws, policies and practices with a view to eliminating
all forms of discrimination, stigma, prejudice, violence, abuse, social exclusion and
segregation within that context, and to promote the right of persons with mental health
conditions or psychosocial disabilities to full inclusion and effective participation in society,
on an equal basis with others;
6. Also urges States to address the underlying social, economic and
environmental determinants of health and to address holistically the range of barriers
arising from inequality and discrimination that impede the full enjoyment of human rights
in the context of mental health;
7. Encourages States to take concrete steps towards recognizing the importance
of addressing mental health by, inter alia, promoting the participation of all stakeholders in
the development of public policies in this regard, promoting prevention and training
programmes for social, health and other relevant professionals, integrating mental health
services into primary and general health care, and providing effective mental health and
other community-based services that protect, promote and respect the enjoyment of the
rights to liberty and security of person and to live independently and be included in the
community, on an equal basis with others;
8. Calls upon States to abandon all practices that fail to respect the rights, will
and preferences of all persons, on an equal basis, and that lead to power imbalances, stigma
and discrimination in mental health settings;
9. Urges States to develop community-based, people-centred services and
supports that do not lead to overmedicalization and inappropriate treatments in, inter alia,
32 A/HRC/34/32.
33 A/HRC/35/21.
34 A/HRC/34/58.
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36 GE.17-18194
the fields of clinical practice, policy, research, medical education and investment, and that
do not fail to respect the autonomy, will and preferences of all persons;
10. Calls upon States to take all the measures necessary to ensure that health
professionals provide care of the same quality to persons with mental health conditions or
psychosocial disabilities, in particular persons using mental health services, as to others,
including on the basis of free and informed consent by, inter alia, raising awareness of the
human rights, dignity, autonomy and needs of these persons through training and the
promulgation of ethical standards for public and private health care;
11. Strongly encourages States to support persons with mental health conditions
or psychosocial disabilities to empower themselves in order to know and demand their
rights, including through health and human rights literacy, to provide human rights
education and training for health workers, police, law enforcement officers, prison staff and
other relevant professions, with a special focus on non-discrimination, free and informed
consent and respect for the will and preferences of all, confidentiality and privacy, and to
exchange best practices in this regard;
12. Encourages States to promote the effective, full and meaningful participation
of persons with mental health conditions or psychosocial disabilities and their organizations
in the design, implementation and monitoring of law, policies and programmes relevant to
realizing the right of everyone to the enjoyment of the highest attainable standard of mental
health;
13. Recognizes the need to promote the mainstreaming of a human rights
perspective into mental health in all relevant public policies;
14. Encourages States to provide technical support and capacity-building through
international cooperation to countries that develop and implement policies, plans, laws and
services that promote and protect the human rights of persons with mental health conditions
or psychosocial disabilities, in accordance with the present resolution, in consultation with
and with the consent of the countries concerned;
15. Requests the High Commissioner to organize a consultation lasting one and a
half days, no later than during the seventy-first session of the World Health Assembly, to
discuss all relevant issues and challenges pertaining to the fulfilment of a human rights
perspective in mental health, the exchange of best practices and the implementation of
technical guidance in this regard, including the initiatives of the World Health Organization
on mental health and human rights, such as QualityRights;
16. Also requests the High Commissioner to provide the above-mentioned
consultation with all the services and facilities necessary to fulfil its activities, including by
making the discussions fully accessible to persons with disabilities;
17. Further requests the High Commissioner to invite to the consultation
Member States and all other stakeholders, including relevant United Nations bodies,
agencies, funds and programmes, in particular the World Health Organization, the special
procedures, in particular the Special Rapporteur on the right of everyone to the enjoyment
of the highest attainable standard of physical and mental health, the Special Rapporteur on
the rights of persons with disabilities and the Special Rapporteur on torture and other cruel,
inhuman or degrading treatment or punishment, the treaty bodies, national human rights
institutions and civil society, including persons with mental health conditions or
psychosocial disabilities, in particular persons using mental health services, and their
organizations;
18. Requests the High Commissioner to prepare a report on the outcome of the
consultation, to be presented to the Human Rights Council at its thirty-ninth session, in
which he identifies strategies to promote human rights in mental health and to eliminate
discrimination, stigma, violence, coercion and abuse in this regard, including through
education and the training of all stakeholder groups;
19. Decides to remain seized of the matter.
39th meeting
28 September 2017
[Adopted without a vote.]
A/72/53/Add.1
GE.17-18194 37
36/14. Human rights and indigenous peoples
The Human Rights Council,
Recalling all relevant General Assembly, Commission on Human Rights and Human
Rights Council resolutions on human rights and indigenous peoples,
Reaffirming its support for the United Nations Declaration on the Rights of
Indigenous Peoples, adopted by the General Assembly in its resolution 61/295 of 13
September 2007,
Recognizing that, for the past 10 years, the United Nations Declaration on the Rights
of Indigenous Peoples has influenced positively the drafting of several constitutions and
statutes at the national and local levels and contributed to the progressive development of
international and domestic legal frameworks and policies as it applies to indigenous peoples,
Appreciating the current efforts towards the promotion, protection and fulfilment of
the rights of indigenous peoples, recalling the commitment made by the General Assembly
at the World Conference of Indigenous Peoples to consider ways to enhance the
participation of indigenous peoples’ representatives and institutions in meetings of relevant United Nations bodies on issues affecting them, and welcoming resolution 71/321, adopted
by the Assembly on 8 September 2017,
Recalling the adoption in September 2014 of the outcome document of the high-
level plenary meeting of the General Assembly known as the World Conference on
Indigenous Peoples,35
Taking note with appreciation of the study of the Expert Mechanism on the Rights
of Indigenous Peoples on the theme “Good practices and challenges, including discrimination, in business and in access to financial services by indigenous peoples, in
particular indigenous women and indigenous persons with disabilities”, submitted to the Human Rights Council at its thirty-sixth session,36 and encouraging all parties to consider
the examples of good practices and recommendations included in the study as practical
advice on how to attain the end goals of the United Nations Declaration on the Rights of
Indigenous Peoples,
Taking note with appreciation also of the report of the Expert Mechanism entitled
“Ten years of the implementation of the United Nations Declaration on the Rights of Indigenous Peoples: good practices and lessons learned — 2007-2017”,37
Stressing the need to pay particular attention to the rights and special needs of
indigenous women, children, young people, elderly persons and persons with disabilities
and to intensify efforts to prevent and eliminate violence and multiple and intersecting
forms of discrimination in this regard, as set out in the United Nations Declaration on the
Rights of Indigenous Peoples and the outcome document of the World Conference,
Recalling the adoption of the Indigenous and Tribal Peoples Convention, 1989 (No.
169) by the International Labour Organization, and its important contribution to the
promotion and protection of the rights of indigenous peoples,
1. Welcomes the report of the United Nations High Commissioner for Human
Rights on the rights of indigenous peoples, 38 and requests the High Commissioner to
continue to submit to the Human Rights Council an annual report on the rights of
indigenous peoples containing information on relevant developments in human rights
bodies and mechanisms and the activities undertaken by the Office of the High
Commissioner at Headquarters and in the field that contribute to the promotion of, respect
for and the full application of the provisions of the United Nations Declaration on the
Rights of Indigenous Peoples, and follow-up on the effectiveness of the Declaration;
35 General Assembly resolution 69/2.
36 A/HRC/36/53.
37 A/HRC/36/56.
38 A/HRC/36/22.
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38 GE.17-18194
2. Also welcomes the work of the Special Rapporteur on the rights of indigenous
peoples, including the official visits made and her reports, and encourages all Governments
to respond favourably to her requests for visits;
3. Further welcomes the work of the Expert Mechanism on the Rights of
Indigenous Peoples, and the report on its tenth session,39 and its intersessional activities,
including the intersessional meetings held in Ottawa and in Khanti-Mansi Autonomous
Okrug-Yugra, Russian Federation, in March 2017;
4. Encourages States to participate actively in the sessions of the Expert
Mechanism and to engage in dialogue with it, including during its intersessional activities;
5. Notes that the next study of the Expert Mechanism, to be finalized by its
eleventh session, will focus on the theme of free, prior and informed consent as reflected in
the United Nations Declaration on the Rights of Indigenous Peoples;
6. Welcomes the proposal by the Expert Mechanism to the Human Rights
Council that further efforts be made to facilitate the participation of indigenous peoples’ representatives and institutions in the work of the Council, in particular the dialogue with
the Expert Mechanism and the Special Rapporteur and in the annual half-day discussion on
the rights of indigenous peoples, and also welcomes the encouragement of the General
Assembly to the relevant United Nations bodies, in accordance with their respective rules
of procedure, to facilitate the participation of indigenous peoples’ representatives and institutions in relevant meetings on issues affecting them;
7. Decides, in accordance with paragraph 14 of Human Rights Council
resolution 18/8 of 29 September 2011, that the theme of the annual half-day panel
discussion on the rights of indigenous peoples to be held during the thirty-ninth session of
the Council will be on the means of participation for and the inclusion of indigenous
peoples in the development of strategies and projects, and the implementation of those
projects in the context of the 2030 Agenda for Sustainable Development and related Goals,
and requests the Office of the High Commissioner to make the discussions fully accessible
to persons with disabilities, and to prepare a summary report on the discussion and to
submit it to the Council prior to its forty-first session;
8. Encourages States to give due consideration to the rights of indigenous
peoples and the multiple and intersecting forms of discrimination faced by indigenous
peoples and individuals in fulfilling the commitments undertaken in the 2030 Agenda and
in the elaboration of relevant international and regional programmes, as well as national
action plans, strategies and programmes, applying the principle of leaving no one behind;
9. Encourages the Special Rapporteur, the Permanent Forum on Indigenous
Issues and the Expert Mechanism to strengthen their ongoing cooperation and coordination
and ongoing efforts to promote the rights of indigenous peoples and the United Nations
Declaration on the Rights of Indigenous Peoples, including the follow-up to the World
Conference, and invites them to continue to work in close cooperation with all Human
Rights Council mechanisms within their respective mandates;
10. Reaffirms that the United Nations treaty bodies are important mechanisms for
the promotion and protection of human rights, and encourages States to give serious
consideration to their recommendations, including those regarding indigenous peoples;
11. Welcomes the contribution of the universal periodic review to the realization
of the rights of indigenous peoples, encourages effective follow-up to accepted review
recommendations concerning indigenous peoples, and invites States to include, as
appropriate, information on the situation of the rights of indigenous peoples, including
measures taken to pursue the objectives of the United Nations Declaration on the Rights of
Indigenous Peoples during the review;
12. Encourages States that have endorsed the United Nations Declaration on the
Rights of Indigenous Peoples to adopt measures to pursue its objectives in consultations
and cooperation with indigenous peoples;
39 A/HRC/36/57.
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GE.17-18194 39
13. Calls upon States that that have not yet ratified or acceded to the Indigenous
and Tribal Peoples Convention, 1989 (No. 169) of the International Labour Organization to
consider doing so;
14. Welcomes the role of national human rights institutions established in
accordance with the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles) in advancing indigenous
issues, and recognizes the importance for such institutions of developing and strengthening
their capacities, as appropriate, to fulfil that role effectively;
15. Encourages States, according to their relevant national context and
characteristics, to collect and disseminate data disaggregated by ethnicity, income, gender,
age, race, migratory status, disability, geographic location or other factors, as appropriate,
in order to monitor and improve the impact of development policies, strategies and
programmes aimed at improving the well-being of indigenous peoples and individuals, and
to combat and eliminate violence and multiple and intersecting forms of discrimination
against them;
16. Welcomes the agreed conclusions of the Commission on the Status of
Women adopted at its sixty-first session, in which the Commission called for measures to
be taken to promote the economic empowerment of indigenous women, including by
ensuring access to quality and inclusive education and through meaningful participation in
the economy by addressing the multiple and intersecting forms of discrimination and
barriers they face, including violence, and to promote their participation in relevant
decision-making processes at all levels and in all areas, while respecting and protecting
their traditional and ancestral knowledge, and noting the importance for indigenous women
and girls of the United Nations Declaration on the Rights of Indigenous Peoples, and
encourages States to give serious consideration to the above-mentioned recommendations,
as appropriate;
17. Also welcomes the proclamation by the General Assembly that 2019 will be
the International Year of Indigenous Languages, 40 and encourages States to participate
actively in the organization and implementation of activities relating to the International
Year and to uphold the spirit of the International Year by taking measures to promote and
protect the right of indigenous peoples to preserve and develop their languages;
18. Notes the activity of the United Nations Indigenous Peoples Partnership and
the system-wide action plan for ensuring a coherent approach to achieving the ends of the
United Nations Declaration on the Rights of Indigenous Peoples, and invites States and
other potential donors to support it;
19. Urges States and invites other public and/or private actors or institutions to
contribute to the United Nations Voluntary Fund for Indigenous Peoples as an important
means of promoting the rights of indigenous peoples worldwide and within the United
Nations system;
20. Decides to continue its consideration of this question at a future session in
conformity with its annual programme of work.
39th meeting
28 September 2017
[Adopted without a vote.]
36/15. Mandate of the Special Rapporteur on the implications for
human rights of the environmentally sound management and
disposal of hazardous substances and wastes
The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenant on Economic, Social and Cultural Rights, the
40 See General Assembly resolution 71/178.
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40 GE.17-18194
International Covenant on Civil and Political Rights, the Vienna Declaration and
Programme of Action and the Declaration on the Right to Development,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March
2006,
Recalling its resolution 5/1 on institution-building of the Human Rights Council and
resolution 5/2 on the Code of Conduct for Special Procedures Mandate Holders of the
Council, both of 18 June 2007, and emphasizing that the mandate holder is to discharge his
or her duties in accordance with those resolutions and the annexes thereto,
Recalling also its resolutions 9/1 of 24 September 2008, 18/11 of 29 September
2011, 21/17 of 27 September 2012 and 27/23 of 26 September 2014 and all the resolutions
of the Commission on Human Rights on this subject,
Recalling further General Assembly resolution 70/1 of 25 September 2015,
welcoming the adoption of the 2030 Agenda for Sustainable Development, including Goal
12, target 12.4, thereof, to achieve, by 2020, the environmentally sound management of
chemicals and hazardous wastes throughout their life cycle, in accordance with
international standards, and affirming the interlinkages and integrated nature of all the
Sustainable Development Goals,
1. Welcomes the work carried out, in accordance with his mandate, by the
Special Rapporteur on the implications for human rights of the environmentally sound
management and disposal of hazardous substances and wastes, and takes note of his report
submitted to the Human Rights Council at its thirty-sixth session;41
2. Takes note of the guidelines for good practices prepared by the Special
Rapporteur as presented in the report, and requests the Special Rapporteur, in accordance
with his mandate, to continue to provide detailed, up-to-date information on the adverse
consequences that the management and disposal of hazardous substances and wastes in an
unlawful manner may have in terms of the full enjoyment of human rights;
3. Decides to extend the mandate of the Special Rapporteur for a period of three
years, and invites him to report to the Human Rights Council in accordance with its
programme of work and annually to the General Assembly;
4. Encourages the Special Rapporteur to continue his close cooperation with the
United Nations Environment Programme, relevant United Nations specialized agencies,
such as the World Health Organization and the International Labour Organization, and the
secretariats of the international environmental conventions with a view to mainstreaming
human rights into their work and to avoiding duplication;
5. Urges the Special Rapporteur to continue his consultations with the
competent United Nations agencies and bodies and with the secretariats of the relevant
international conventions as part of a multidisciplinary, in-depth approach for addressing
existing problems with a view to finding lasting solutions for the management of such
substances and wastes so that he may present to the Human Rights Council, in accordance
with its programme, annual reports on the implementation of the resolutions that it has
adopted, as well as specific recommendations and proposals concerning the steps that
should be taken immediately in order to address the adverse implications for human rights
of hazardous substances and wastes;
6. Encourages all States, United Nations agencies and other relevant
international organizations, civil society actors, including non-governmental organizations,
as well as the public and the private sector and all other relevant stakeholders to engage in a
process of consultation, dialogue and cooperation with the Special Rapporteur to enable
him to update, before the end of his mandate, the guidelines for good practices to promote
the full enjoyment of human rights by the environmentally sound management and disposal
of hazardous substances and wastes;
7. Requests the Special Rapporteur to inform States, United Nations agencies
and other relevant international organizations, civil society and other stakeholders of the
impact on human rights of the environmentally sound management and disposal of
41 A/HRC/36/41.
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GE.17-18194 41
hazardous substances and wastes, including in the implementation of the 2030 Agenda for
Sustainable Development, to seek views and contributions from Governments, United
Nations agencies and other relevant international organizations, civil society and other
relevant stakeholders in accordance with his mandate, to investigate national, regional and
international efforts in respect of the Sustainable Development Goals and to undertake
thematic research on the effective implementation of the 2030 Agenda;
8. Encourages the Special Rapporteur, in accordance with his mandate and with
support and assistance from the Office of the United Nations High Commissioner for
Human Rights, to continue to provide Governments with appropriate opportunities to
respond to allegations that are transmitted to him and are referred to in his report and to
have their observations reflected in his report to the Human Rights Council;
9. Reiterates its appeal to States and other stakeholders to facilitate the work of
the Special Rapporteur by providing him with information and inviting him to undertake
country visits;
10. Reiterates its appeal to the Secretary-General and to the United Nations High
Commissioner for Human Rights to provide the Special Rapporteur with all necessary
assistance for the successful fulfilment of his mandate;
11. Decides to continue its consideration of this matter under the same agenda
item in accordance with its programme of work.
39th meeting
28 September 2017
[Adopted without a vote.]
36/16. Human rights in the administration of justice, including
juvenile justice
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights and all relevant international
treaties, including the International Covenant on Civil and Political Rights, the Convention
on the Rights of the Child, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment and the Optional Protocol thereto, as well as the
International Convention for the Protection of All Persons from Enforced Disappearance,
and encouraging all States that have not ratified or acceded to the aforementioned treaties to
consider doing so expeditiously,
Bearing in mind the numerous other international standards and norms in the field of
the administration of justice, in particular of juvenile justice, including the revised United
Nations Standard Minimum Rules for the Treatment of Prisoners (the Nelson Mandela
Rules), the United Nations Standard Minimum Rules for the Administration of Juvenile
Justice (the Beijing Rules), the Basic Principles for the Treatment of Prisoners, the Body of
Principles for the Protection of All Persons under Any Form of Detention or Imprisonment,
the United Nations Guidelines for the Prevention of Juvenile Delinquency (the Riyadh
Guidelines), the United Nations Rules for the Protection of Juveniles Deprived of their
Liberty, the Guidelines for Action on Children in the Criminal Justice System, the
Guidelines on Justice in Matters involving Child Victims and Witnesses of Crime, the
Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power, the
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures
for Women Offenders (the Bangkok Rules), the Bangalore Principles of Judicial Conduct,
the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules)
and the United Nations Principles and Guidelines on Access to Legal Aid in Criminal
Justice Systems,
Recalling all resolutions of the Commission on Human Rights, the Human Rights
Council, the General Assembly and the Economic and Social Council relevant to the
subject, in particular Human Rights Council resolutions 30/7 of 1 October 2015, General
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42 GE.17-18194
Assembly resolutions 71/188 of 19 December 2016 and Economic and Social Council
resolution 2017/19 of 6 July 2017,
Recalling also Human Rights Council resolution 31/13 of 23 March 2016 on the
rights of persons belonging to national or ethnic, religious and linguistic minorities,
focusing on minorities in the criminal justice system,
Noting with appreciation the work of all special procedures of the Human Rights
Council that addresses human rights in the administration of justice in the discharge of their
mandates,
Noting with interest the work of all human rights treaty body mechanisms on human
rights in the administration of justice, in particular the adoption by the Human Rights
Committee of its general comments No. 21 (1992), on humane treatment of prisoners
deprived of their liberty, No. 32 (2007), on the right to equality before courts and tribunals
and to a fair trial, and No. 35 (2014), on liberty and security of person, noting with interest
also the adoption by the Committee on the Rights of the Child of its general comments No.
10 (2007), on children’s rights in juvenile justice, and No. 13 (2011), on the right of the child to freedom from all forms of violence, and noting with interest further the adoption by
the Committee on the Elimination of Racial Discrimination of its general recommendation
No. 31 (2005), on the prevention of racial discrimination in the administration and
functioning of the criminal justice system, and the adoption by the Committee on the
Elimination of Discrimination against Women of its general recommendation No. 33
(2015), on women’s access to justice,
Noting with appreciation the important work in the field of the administration of
justice of the Office of the United Nations High Commissioner for Human Rights, the
United Nations Office on Drugs and Crime, the United Nations Children’s Fund, the United Nations Development Programme, the Special Representative of the Secretary-General on
Violence against Children and the Special Representative of the Secretary-General on
Children and Armed Conflict,
Convinced that the independence and impartiality of the judiciary, and the integrity
of the judicial system and an independent legal profession are essential prerequisites for the
protection of human rights, the rule of law, good governance and democracy, and for
ensuring that there is no discrimination in the administration of justice, and should therefore
be respected in all circumstances,
Underlining the importance of implementing the 2030 Agenda for Sustainable
Development, and recognizing the role of its goals relating to gender equality (Goal 5),
reducing inequality within and among countries (Goal 10) and the promotion of just,
peaceful and inclusive societies (Goal 16) for eliminating discrimination in the
administration of justice,
Emphasizing that the right of access to justice for all, including access to legal aid,
forms an important basis for strengthening the rule of law through the administration of
justice, and acknowledging the contribution of other actors, including lawyers’ associations and civil society, in providing legal aid,
Recalling that every State should provide an effective framework in which to pursue
remedies to redress human rights violations or grievances and to challenge the lawfulness
of detention before a court,
Emphasizing that the social rehabilitation and reintegration of prisoners should be
among the essential aims of the criminal justice system so as to ensure, as far as possible,
that offenders are willing and able to lead a law-abiding and self-supporting life upon their
return to society,
Recognizing the importance of the principle that, except for those lawful limitations
that are demonstrably necessitated by incarceration, persons deprived of their liberty retain
their non-derogable human rights and all other human rights and fundamental freedoms,
Concerned about the negative impact of overincarceration and overcrowding on the
enjoyment of human rights, and acknowledging that overincarceration constitutes one of
the major underlying causes of overcrowding,
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GE.17-18194 43
Underlining that prejudice and discrimination against persons belonging to
vulnerable groups in the administration of justice may result in their overincarceration and
overrepresentation throughout the criminal justice system, and recognizing the need for
States to take measures, within the justice system, particularly the criminal justice system,
to prevent discrimination against them and to enhance inclusive and representative
institutions,
Aware of the need for special vigilance and safeguards with regard to the specific
situation of suspects and offenders who are children, juveniles, women, persons belonging
to national or ethnic, religious and linguistic minorities and other persons with increased
vulnerability in the administration of justice, in particular while they are deprived of their
liberty, and their vulnerability to violence, abuse, injustice and humiliation,
Recognizing that women in detention or imprisonment have certain different needs,
including different health-care needs, and in this context noting the importance of gender-
sensitive justice systems,
Encouraging continued regional and cross-regional efforts, the sharing of best
practices and the provision of technical assistance in the field of juvenile justice, recalling
in this regard the holding of the World Congress on Juvenile Justice in Geneva, from 26 to
30 January 2015, and noting with interest its final declaration,
Reaffirming that the best interests of the child must be a primary consideration in all
decisions concerning the deprivation of liberty and, in particular, that depriving children
and juveniles of their liberty should be used only as a measure of last resort and for the
shortest appropriate period of time, in particular before trial, and the need to ensure that, if
they are arrested, detained or imprisoned, children should be separated from adults to the
greatest extent feasible, unless it is considered in the child’s best interest not to be,
Reaffirming also that the best interests of the child are an important consideration in
all matters concerning the child and related to the sentencing of his or her parents or, where
applicable, legal guardians or primary caregivers,
1. Notes with appreciation the report of the United Nations High Commissioner
for Human Rights on non-discrimination and the protection of persons with increased
vulnerability in the administration of justice, in particular in situations of deprivation of
liberty and with regard to the causes and effects of overincarceration and overcrowding;42
2. Reaffirms the importance of the full and effective implementation of all
United Nations standards on human rights in the administration of justice;
3. Calls upon States to spare no effort in providing for effective legislative,
judicial, social, educative and other relevant mechanisms and procedures, as well as
adequate resources, to ensure the full implementation of those standards, and invites them
to assess their national legislation and practice in accordance with those standards;
4. Invites States to take into consideration the issue of human rights in the
administration of justice in the universal periodic review procedure;
5. Invites Governments to include in their efforts to implement the 2030 Agenda
for Sustainable Development and their national development plans the administration of
justice as an integral part of the development process, and to allocate adequate resources for
fair and effective justice systems, including the provision of legal aid services with a view
to promoting and protecting human rights, and to address gender inequality, and invites the
international community to provide an increased level of both technical and financial
assistance to States and to respond favourably to their requests for capacity-building, and
enhancement and strengthening of institutions concerned with the administration of justice;
6. Stresses the special need for continuous national capacity-building in the
field of the administration of justice, including through reform of the judiciary, the police,
prosecution and the penal system, as well as juvenile justice reform, and promoting
women’s effective participation and equal opportunities in the judiciary and a composition of law enforcement bodies that reflects the diversity of the population;
42 A/HRC/36/28.
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44 GE.17-18194
7. Reaffirms that no one should be unlawfully or arbitrarily deprived of his or
her liberty, and notes the principles of necessity and proportionality in this regard;
8. Calls upon States to apply individual criminal responsibility and to refrain
from detaining persons solely on the basis of their family ties with an alleged offender;
9. Also calls upon States to ensure that anyone who is deprived of his or her
liberty has prompt access to a competent court with the effective power to determine the
lawfulness of the detention, and to order release if the detention or imprisonment is
determined not to be lawful by that court, as well as prompt access to legal counsel, in
accordance with their international obligations and commitments;
10. Urges all States to consider establishing, maintaining or enhancing
independent mechanisms with the mandate to monitor all places of detention, including by
making unannounced visits, and to hold private interviews without witnesses with all
persons deprived of their liberty;
11. Calls upon States to ensure a proper file and data management system on
prisoners that allows the tracking of the number of persons deprived of their liberty, their
detention period, offences or grounds for detention, and developments regarding the prison
population, and encourages States to collect other up-to-date, comprehensive and
disaggregated data that allow for the identification and prevention of discrimination in the
administration of justice and overincarceration;
12. Recalls the absolute prohibition of torture and cruel, inhuman or degrading
treatment or punishment in international law, and calls upon States to address and prevent
detention conditions of persons deprived of their liberty that amount to torture or cruel,
inhuman or degrading treatment or punishment;
13. Calls upon States to investigate promptly, effectively and impartially all
alleged human rights violations and abuses suffered by persons deprived of their liberty, in
particular cases involving death, torture and cruel, inhuman or degrading treatment or
punishment, to provide effective remedies to the victims, and to ensure that detention
administrations cooperate fully with the investigating authority and preserve all evidence;
14. Encourages States to address overcrowding in detention facilities by taking
effective measures, including by enhancing the availability and use of alternatives to
pretrial detention and custodial sentences, access to legal aid, mechanisms for crime
prevention, early release and rehabilitation programmes and the efficiency and capacity of
the criminal justice system and its facilities, and to make use in this regard of, inter alia, the
United Nations Office on Drugs and Crime Handbook on strategies to reduce overcrowding
in prisons;
15. Urges States to take all necessary measures to prevent and eliminate
discrimination in law and in practice against persons belonging to vulnerable groups in the
administration of justice that may also result in their overincarceration and
overrepresentation throughout the criminal justice process;
16. Also urges States to pay special attention to the conditions of detention or
imprisonment of persons with increased vulnerability and their particular needs;
17. Calls upon States to review penal policies that can contribute to
overincarceration and overcrowding, in particular regarding so-called “zero-tolerance policies”, such as the application of mandatory pretrial detention and mandatory minimum sentences, especially for minor and/or non-violent crimes;
18. Urges States to endeavour to reduce pretrial detention, which should be a
measure of last resort and for as short a period as possible, by, inter alia, adopting
legislative and administrative measures and policies on its preconditions, limitations,
duration and alternatives, and by taking measures aimed at implementing existing
legislation, as well as by ensuring access to justice and legal advice and assistance;
19. Underscores the particular importance of providing appropriate training in
the administration of justice, including for prosecutorial and judicial authorities, with a
view to raising awareness of and eliminating prejudice and discrimination, ensuring
proportionate sentencing and enhancing the implementation of non-custodial measures at
the pretrial and post-conviction stages;
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GE.17-18194 45
20. Recognizes that every child and juvenile alleged as, accused of or recognized
as having infringed the law, particularly those who are deprived of their liberty, as well as
child victims and witnesses of crimes, should be treated in a manner consistent with his or
her rights, dignity and needs, in accordance with international law, bearing in mind relevant
international standards on human rights in the administration of justice and taking into
account the age, gender, social circumstances and development needs of such children, and
calls upon States parties to the Convention on the Rights of the Child to abide strictly by its
principles and provisions;
21. Urges States to consider applying the United Nations Model Strategies and
Practical Measures on the Elimination of Violence against Children in the Field of Crime
Prevention and Criminal Justice, as appropriate, in the design, implementation, monitoring
and evaluation of laws, policies, programmes, budgets and mechanisms aimed at
eliminating violence against children in the field of crime prevention and criminal justice,
and encourages them to support and to benefit from the programme proposed by the United
Nations Office on Drugs and Crime and the United Nations Children’s Fund in this regard;
22. Encourages States that have not yet integrated children’s issues into their overall rule of law efforts to do so, and to develop and implement a comprehensive juvenile
justice policy to prevent and address juvenile delinquency as well as with a view to
promoting, inter alia, the use of alternative measures, such as diversion and restorative
justice, and ensuring compliance with the principle that the deprivation of a child’s liberty should only be used as a measure of last resort, for the shortest appropriate period of time,
and that such decisions must be subject to periodic review of their continuing necessity and
appropriateness, and to avoid, wherever possible, the use of pretrial detention for children;
23. Urges States to systematically integrate children’s access to justice into justice sector reforms, rule of law initiatives and national planning processes, such as
national development plans and justice sector-wide approaches, and to support it through
the national budget;
24. Encourages States not to set the minimum age of criminal responsibility at
too low an age, bearing in mind the emotional, mental and intellectual maturity of the child,
and in this respect refers to the recommendation of the Committee on the Rights of the
Child to increase their lower minimum age of criminal responsibility, without exception, to
12 years, as the absolute minimum age, and to continue to raise the lower limit to a higher
age;
25. Urges States to ensure that, under their legislation and practice, neither
capital punishment nor life imprisonment are imposed for offences committed by persons
under 18 years of age;
26. Calls upon States to consider establishing or strengthening existing
independent and child-friendly national monitoring and complaints mechanisms so as to
contribute to safeguarding the rights of children deprived of their liberty;
27. Welcomes the work on the in-depth global study on children deprived of
liberty,43 and encourages Member States, United Nations agencies, funds, programmes and
offices, and other relevant stakeholders, to support the elaboration of the study;
28. Invites States to provide for human rights training on the administration of
justice and juvenile justice, including anti-racist, anti-discrimination, multicultural, gender-
sensitive and child rights training, for all judges, lawyers, prosecutors, social workers,
immigration, correction and police officers, and other professionals working in the
administration of justice;
29. Also invites States, upon their request, to benefit from the technical advice
and assistance provided by the relevant United Nations agencies and programmes in order
to strengthen their national capacities and infrastructures in the field of the administration
of justice, including in addressing overcrowding, overincarceration and violence against
children in the field of crime prevention and criminal justice;
43 See General Assembly resolution 69/157, para. 52 (d).
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46 GE.17-18194
30. Calls upon relevant special procedures of the Human Rights Council to pay
special attention to questions relating to the effective protection of human rights in the
administration of justice, including juvenile justice and the human rights of persons
deprived of their liberty, and the causes and effects of overincarceration and overcrowding,
and to provide, wherever appropriate, specific recommendations in this regard, including
proposals for advisory services and technical assistance measures;
31. Invites States, when reviewing progress made in the implementation of the
2030 Agenda for Sustainable Development, to consider the causes and effects of
overincarceration and overcrowding, including with regard to non-discrimination and
persons with increased vulnerability in the administration of justice;
32. Calls upon the United Nations High Commissioner for Human Rights to
strengthen advisory services and technical assistance relating to national capacity-building
in the field of the administration of justice, in particular juvenile justice;
33. Requests the High Commissioner to submit to the Human Rights Council, at
its forty-second session, a report on human rights in the administration of justice, in
particular on violence, death and serious injury in situations of deprivation of liberty,
drawing on the experience of United Nations and regional human rights mechanisms and
seeking the views of States, including on their policies and best practices, civil society, and
other relevant stakeholders;
34. Decides to continue its consideration of this issue under the same agenda
item, in accordance with its annual programme of work.
40th meeting
29 September 2017
[Adopted without a vote.]
36/17. The question of the death penalty
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights and all other relevant international human rights instruments, and
reaffirming that all States must implement their obligations under international human
rights law,
Recalling also the Second Optional Protocol to the International Covenant on Civil
and Political Rights aiming at the abolition of the death penalty,
Recalling further General Assembly resolutions 62/149 of 18 December 2007,
63/168 of 18 December 2008, 65/206 of 21 December 2010, 67/176 of 20 December 2012,
69/186 of 18 December 2014 and 71/187 of 19 December 2016 on the question of a
moratorium on the use of the death penalty,
Reaffirming the safeguards guaranteeing the protection of persons facing the death
penalty set out in the annex to Economic and Social Council resolution 1984/50 of 25 May
1984, and the provisions regarding the implementation of the guidelines contained in
Council resolutions 1989/64 of 24 May 1989 and 1996/15 of 23 July 1996,
Recalling all resolutions of the Commission on Human Rights on the question of the
death penalty, the last of which was resolution 2005/59 of 20 April 2005,
Recalling also Human Rights Council decision 18/117 of 28 September 2011 on
reporting by the Secretary-General on the question of the death penalty, Council resolution
22/11 of 21 March 2013 on a panel on the human rights of children of parents sentenced to
the death penalty or executed, Council decision 22/117 of 21 March 2013 on a high-level
panel discussion on the question of the death penalty and Council resolutions 26/2 of 26
June 2014 and 30/5 of 1 October 2015 on the question of the death penalty,
Taking note of the reports of the Secretary-General on the question of the death
penalty, in the latest of which the Secretary-General examined the disproportionate impact
of the use of the death penalty on poor or economically vulnerable individuals, foreign
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GE.17-18194 47
nationals, individuals exercising the rights to freedom of religion or belief and freedom of
expression, and the discriminatory use of the death penalty against persons belonging to
racial and ethnic minorities, its discriminatory use based on gender or sexual orientation,
and its use against individuals with mental or intellectual disabilities,44
Mindful of the work of special procedure mandate holders who have addressed
human rights issues related to the death penalty, including the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment, the Special Rapporteur on
extrajudicial, summary or arbitrary executions, the Special Rapporteur on the independence
of judges and lawyers and the Working Group on the issue of discrimination against
women in law and in practice,
Mindful also of the work undertaken by the treaty bodies to address human rights
issues related to the death penalty,
Recalling general recommendation No. 35 on gender-based violence against women
recently adopted by the Committee on the Elimination of Discrimination against Women, in
which the Committee recommended that States parties to the Convention repeal all criminal
provisions that affect women disproportionally, including those resulting in the
discriminatory application of the death penalty to women,
Recalling also general recommendation No. 31 of the Committee on the Elimination
of Racial Discrimination on the prevention of racial discrimination in the administration
and functioning of the criminal justice system,
Recognizing the role of regional and subregional instruments and initiatives towards
the abolition of the death penalty, which in some cases have led to the prohibition of the use
of the death penalty,
Welcoming the fact that many States are applying a moratorium on the use of the
death penalty,
Noting that States with different legal systems, traditions, cultures and religious
backgrounds have abolished the death penalty or are applying a moratorium on its use,
Strongly deploring the fact that the use of the death penalty leads to violations of the
human rights of the persons facing the death penalty and of other affected persons,
Acknowledging the report of the United Nations High Commissioner for Human
Rights on the high-level panel discussion on the question of the death penalty,45 during
which it was concluded that a significant number of States hold that the death penalty is a
form of torture or other cruel, inhuman or degrading treatment or punishment,
Deploring the fact that, frequently, poor and economically vulnerable persons and
foreign nationals are disproportionately subjected to the death penalty, that laws carrying
the death penalty are used against persons exercising their rights to freedom of expression,
thought, conscience, religion or peaceful assembly and association, and that persons
belonging to religious or ethnic minorities are disproportionately represented among those
sentenced to the death penalty,
Condemning in particular the use of the death penalty against persons with mental
or intellectual disabilities, persons below 18 years of age at the time of the commission of
the crime, and pregnant women,
Condemning the imposition of the death penalty as a sanction for specific forms of
conduct, such as apostasy, blasphemy, adultery and consensual same-sex relations, and
expressing serious concern that the application of the death penalty for adultery is
disproportionately imposed on women,
Recalling that, particularly in capital cases, States are required to provide adequate
assistance of counsel at every stage of proceedings, including during detention and arrest,
44 A/HRC/36/26.
45 A/HRC/36/27.
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48 GE.17-18194
Emphasizing that access to consular assistance for foreign nationals, provided for in
the Vienna Convention on Consular Relations, is an important aspect of the protection of
those facing the death penalty abroad,
Emphasizing also that lack of transparency in the use of the death penalty has direct
consequences for the human rights of the persons sentenced to death as well as for other
affected persons,
Acknowledging the interest in studying the question of the death penalty, as well as
in holding local, national, regional and international debates related thereto,
1. Urges all States to protect the rights of persons facing the death penalty and
other affected persons by complying with their international obligations, including the
rights to equality and non-discrimination;
2. Calls upon States that have not yet acceded to or ratified the Second Optional
Protocol to the International Covenant on Civil and Political Rights aiming at the abolition
of the death penalty to consider doing so;
3. Calls upon States that have not yet abolished the death penalty to ensure that
it is not applied on the basis of discriminatory laws or as a result of discriminatory or
arbitrary application of the law;
4. Calls upon States to ensure that all accused persons, in particular poor and
economically vulnerable persons, can exercise their rights related to equal access to justice,
to ensure adequate, qualified and effective legal representation at every stage of civil and
criminal proceedings in capital punishment cases through effective legal aid, and to ensure
that those facing the death penalty can exercise their right to seek pardon or commutation of
their death sentence;
5. Urges States that have not yet abolished the death penalty to ensure that the
death penalty is not applied against persons with mental or intellectual disabilities and
persons below 18 years of age at the time of the commission of the crime, as well as
pregnant women;
6. Also urges States that have not yet abolished the death penalty to ensure that
it is not imposed as a sanction for specific forms of conduct such as apostasy, blasphemy,
adultery and consensual same-sex relations;
7. Calls upon States to comply with their obligations under article 36 of the
Vienna Convention on Consular Relations, and to inform foreign nationals of their right to
contact the relevant consular post;
8. Also calls upon States to undertake further studies to identify the underlying
factors that contribute to the substantial racial and ethnic bias in the application of the death
penalty, where they exist, with a view to developing effective strategies aimed at
eliminating such discriminatory practices;
9. Calls upon States that have not yet abolished the death penalty to make
available relevant information, disaggregated by gender, age, nationality and other
applicable criteria, with regard to their use of the death penalty, inter alia, the charges,
number of persons sentenced to death, the number of persons on death row, the number of
executions carried out and the number of death sentences reversed, commuted on appeal or
in which amnesty or pardon has been granted, as well as information on any scheduled
execution, which can contribute to possible informed and transparent national and
international debates, including on the obligations of States with regard to the use of the
death penalty;
10. Requests the Secretary-General to dedicate the 2019 supplement to his
quinquennial report on capital punishment to the consequences arising at various stages of
the imposition and application of the death penalty on the enjoyment of the human rights of
persons facing the death penalty and other affected persons, paying specific attention to the
impact of the resumption of the use of the death penalty on human rights, and to present it
to the Human Rights Council at its forty-second session;
11. Decides that the upcoming biennial high-level panel discussion to be held at
the fortieth session of the Human Rights Council will address the human rights violations
A/72/53/Add.1
GE.17-18194 49
related to the use of the death penalty, in particular with respect to the rights to non-
discrimination and equality;
12. Requests the Office of the United Nations High Commissioner for Human
Rights to organize the high-level panel discussion and to liaise with States, relevant United
Nations bodies, agencies, treaty bodies, special procedures and regional human rights
mechanisms, as well as with parliamentarians, civil society, including non-governmental
organizations, and national human rights institutions with a view to ensuring their
participation in the panel discussion;
13. Also requests the Office of the High Commissioner to prepare a summary
report on the panel discussion and to submit it to the Human Rights Council at its forty-
second session;
14. Decides to continue its consideration of this issue in accordance with its
programme of work.
40th meeting
29 September 2017
[Adopted by a recorded vote of 27 to 13, with 7 abstentions. The voting was as follows:
In favour:
Albania, Belgium, Bolivia (Plurinational State of), Brazil, Congo, Côte
d’Ivoire, Croatia, Ecuador, El Salvador, Georgia, Germany, Ghana, Hungary, Kyrgyzstan, Latvia, Mongolia, Netherlands, Panama, Paraguay, Portugal,
Rwanda, Slovenia, South Africa, Switzerland, Togo, United Kingdom of
Great Britain and Northern Ireland, Venezuela (Bolivarian Republic of)
Against:
Bangladesh, Botswana, Burundi, China, Egypt, Ethiopia, India, Iraq, Japan,
Qatar, Saudi Arabia, United Arab Emirates, United States of America
Abstaining:
Cuba, Indonesia, Kenya, Nigeria, Philippines, Republic of Korea, Tunisia]
36/18. Conscientious objection to military service
The Human Rights Council,
Bearing in mind that everyone is entitled to all the rights and freedoms set forth in
the Universal Declaration of Human Rights without distinction of any kind, such as race,
colour, sex, language, religion, political or other opinion, national or social origin, property,
birth or other status,
Reaffirming that it is recognized in the Universal Declaration of Human Rights and
the International Covenant on Civil and Political Rights that everyone has the right to life,
liberty and security of person, as well as the right to freedom of thought, conscience and
religion and the right not to be discriminated against,
Recalling all previous relevant resolutions and decisions, including Human Rights
Council resolutions 20/2 of 5 July 2012 and 24/17 of 27 September 2013 and Commission
on Human Rights resolutions 1998/77 of 22 April 1998 and 2004/35 of 19 April 2004, in
which the Commission recognized the right of everyone to have conscientious objection to
military service as a legitimate exercise of the right to freedom of thought, conscience and
religion, as laid down in article 18 of the Universal Declaration of Human Rights, article 18
of the International Covenant on Civil and Political Rights and Human Rights Committee
general comment No. 22 (1993) on the right to freedom of thought, conscience and religion,
1. Takes note of the analytical report on conscientious objection to military
service presented by the Office of the United Nations High Commissioner for Human
Rights to the Human Rights Council at its thirty-fifth session,46 pursuant to resolution 20/2;
46 A/HRC/35/4.
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50 GE.17-18194
2. Requests the Office of the High Commissioner to prepare, in consultation
with all States and the relevant intergovernmental organizations, United Nations agencies,
funds and programmes, special procedures, treaty bodies, national human rights institutions
and non-governmental organizations, a report on different approaches and challenges with
regard to application procedures for obtaining the status of conscientious objector to
military service in accordance with human rights standards, and to present the report to the
Human Rights Council at its forty-first session;
3. Decides to continue consideration of this matter under the same agenda item
in accordance with its annual programme of work.
40th meeting
29 September 2017
[Adopted without a vote.]
36/20. The human rights situation in the Syrian Arab Republic
The Human Rights Council,
Guided by the Charter of the United Nations,
Reaffirming all previous Human Rights Council resolutions on the Syrian Arab
Republic,
Reaffirming also its strong commitment to the full respect of the sovereignty,
independence, unity and territorial integrity of the Syrian Arab Republic,
Demanding that the Syrian authorities meet their responsibility to protect the Syrian
population,
Recalling the obligation by parties to the conflict to take all feasible precautions to
avoid, and in any event minimize, harm to civilians and civilian objects, including schools
and medical facilities as such, and the prohibition on attacking, destroying or rendering
useless objects indispensable to the survival of the civilian population, including drinking
water installations,
Condemning the grave deterioration of the human rights situation and the
indiscriminate or deliberate targeting of civilians as such, in violation of international
humanitarian law, and acts of violence that foment sectarian tensions,
Expressing deep concern about the situation of women, children and internally
displaced persons, who remain among the most vulnerable to violence,
Reiterating that the only sustainable solution to the current conflict in the Syrian
Arab Republic is through an inclusive, Syrian-led and Syrian-owned political process under
the auspices of the United Nations, based on the Geneva communiqué of 30 June 2012 as
endorsed by the Security Council in its resolutions 2118 (2013) of 27 September 2013,
2254 (2015) of 18 December 2015 and 2268 (2016) of 26 February 2016 and relevant
statements of the International Syria Support Group,
Expressing full support for the efforts of the Special Envoy of the Secretary-General
for Syria to facilitate an inclusive and Syrian-led process in accordance with the Geneva
communiqué and Security Council resolution 2254 (2015), with a view to establishing
credible, inclusive and non-sectarian governance, in accordance with the aforementioned
documents, and urging the Special Envoy to continue to push the parties to negotiate a
political transition,
Welcoming Security Council resolution 2336 (2016) of 31 December 2016, and
supporting the efforts of Turkey and the Russian Federation to reduce levels of violence in
the Syrian Arab Republic by helping to establish the ceasefire announced on 29 December
2016,
Supporting all efforts to reduce the violence in the Syrian Arab Republic, taking
note in particular of the Astana talks, and hoping that the ongoing initiative to establish de-
escalation areas in the Syrian Arab Republic will continue to contribute to a sustained
reduction in violence,
A/72/53/Add.1
GE.17-18194 51
Demanding that all parties to the ceasefire in the Syrian Arab Republic fulfil their
commitments, and urging all Member States, especially the members of the International
Syria Support Group, to use their influence with the parties to ensure fulfilment of the
ceasefire and to support efforts to render the ceasefire durable and to end violations, which
is essential to achieving a political solution to the conflict in the Syrian Arab Republic and
to bringing to an end the systematic, widespread and gross violations and abuses of human
rights and violations of international humanitarian law,
Recalling that, pursuant to Security Council resolution 2165 (2014) of 14 July
2014, all Syrian parties to the conflict shall enable the immediate and unhindered delivery
of humanitarian assistance, and stressing that the arbitrary denial of humanitarian access,
depriving civilians of objects and assistance indispensable to their survival, including
wilfully impeding relief supplies, such as food aid and lifesaving medical supplies, may
constitute a war crime,
Recalling also the statements made by the Secretary-General and the United Nations
High Commissioner for Human Rights that crimes against humanity and war crimes are
likely to have been committed in the Syrian Arab Republic,
Recalling further that deliberate attacks on civilians and civilian objects, such as
schools and educational facilities, as well as medical facilities and personnel, may amount
to war crimes,
Deeply concerned that attacks upon medical and health personnel, their means of
transport and equipment, and hospitals and other medical facilities result in long-lasting
consequences, including the loss of life and human suffering, weaken the ability of health
systems to deliver essential life-saving services and lead to setbacks for health development,
Expressing its deepest concern about the findings of the Independent International
Commission of Inquiry on the Syrian Arab Republic,
Deploring the lack of cooperation by the Syrian authorities with the Commission of
Inquiry,
Acknowledging the ongoing efforts by human rights defenders active in the Syrian
Arab Republic to document violations and abuses of international human rights law and
violations of international humanitarian law, despite grave risks,
1. Calls upon all Member States, especially members of the International Syria
Support Group, to create conditions that foster continued negotiations for a political
solution to the Syrian conflict, under the auspices of the United Nations Office at Geneva,
by working to strengthen the nationwide ceasefire, to enable full, immediate and safe
humanitarian access, and to lead to the release of detainees, as only a durable political
solution to the conflict can bring an end to the systematic, widespread and gross violations
and abuses of international human rights law and violations of international humanitarian
law;
2. Welcomes the work of the Independent International Commission of Inquiry
on the Syrian Arab Republic, established by the Human Rights Council in its resolution
S-17/1 of 23 August 2011, to investigate all alleged violations and abuses of international
human rights law since March 2011 in the Syrian Arab Republic, to establish the facts and
circumstances and to support efforts to ensure that perpetrators of abuses and violations,
including those who may be responsible for crimes against humanity, are held accountable,
and notes the importance of the work of the Commission of Inquiry and the information it
has collected in support of future accountability efforts, in particular the information on
those who have allegedly violated international law;
3. Demands that the Syrian authorities cooperate fully with the Human Rights
Council and the Commission of Inquiry by granting it immediate, full and unfettered access
throughout the Syrian Arab Republic;
4. Strongly condemns the continued systematic, widespread and gross violations
and abuses of human rights and all violations of international humanitarian law by the
Syrian authorities and affiliated militias, including foreign terrorist fighters and those
foreign organizations fighting on behalf of the Syrian authorities, in particular Hizbullah,
and expresses deep concern that their involvement further exacerbates the deteriorating
A/72/53/Add.1
52 GE.17-18194
situation in the Syrian Arab Republic, including the human rights and humanitarian
situation, which has a serious negative impact on the region;
5. Also strongly condemns the terrorist acts and violence committed against
civilians by the so-called Islamic State in Iraq and the Levant (Da’esh), Al-Nusrah Front and other terrorist organizations designated by the Security Council, and their continued
gross, systematic and widespread abuses of international human rights law and violations of
international humanitarian law, reaffirms that terrorism, including the actions of the so-
called Islamic State in Iraq and the Levant (Da’esh), cannot and should not be associated with any religion, nationality or civilization, and stresses the importance of the full
implementation of Security Council resolution 2170 (2014) of 15 August 2014;
6. Condemns in the strongest terms the gross and systematic abuse of women’s and children’s rights by the so-called Islamic State in Iraq and the Levant (Da’esh), in particular the enslavement and sexual abuse and exploitation of women and girls, enforced
disappearances and the forced recruitment and abduction of children;
7. Condemns all violations and abuses of international human rights law and all
violations of international humanitarian law committed by all parties to the conflict,
including against women and children and persons with disabilities;
8. Urges all parties to the conflict, particularly the Syrian authorities and their
allies, not to commit indiscriminate attacks against the civilian population and civilian
facilities, including against medical facilities, personnel and transport, schools and
humanitarian workers, and also urges all parties to the conflict to comply with their
obligations under international humanitarian law and to respect international human rights
law;
9. Strongly condemns all attacks on medical and health personnel, their means
of transport and equipment, as well as hospitals and other medical facilities, and deplores
the long-term consequences of such attacks for the population and health-care systems of
the Syrian Arab Republic;
10. Also strongly condemns the attacks against hospitals and civilian objects,
such as schools, as reported by the Commission of Inquiry, 47 and urges the Syrian
authorities to refrain from actions that impede children’s access to education, which is of vital importance for their protection and development;
11. Expresses its profound concern at the findings of the Commission of Inquiry
in its report on Aleppo,47 including those suggesting that the offensive against eastern
Aleppo in the second half of 2016 involved serious violations and abuses of international
human rights law and violations of international humanitarian law by all parties to the
conflict, which, according to the Commission, in many cases amounted to war crimes, in
particular by the Syrian authorities and their allies, including the Urum al-Kubra attack;
12. Urges all parties to the conflict to heed the recommendations made by the
Commission of Inquiry in its report, including the need to comply with their respective
obligations under international human rights and international humanitarian law, including
refraining from disproportionate and indiscriminate attacks;
13. Strongly condemns the widespread practice of enforced disappearance,
arbitrary detention and the use of sexual violence, torture and ill-treatment, especially in
detention facilities run by the Syrian authorities, including those acts referenced in the
reports of the Commission of Inquiry and those depicted in the evidence presented by
“Caesar” in January 2014, and notes that such acts may constitute violations and abuses of international human rights law or violations of international humanitarian law;
14. Also strongly condemns the reported killing of detainees in Syrian Military
Intelligence facilities, in particular in the Mezzeh airport detention facility, and Military
Security Branches 215, 227, 235, 248 and 291, as well as the reported killing of detainees at
military hospitals, including Tishreen and Harasta, and expresses deep concern at reports
that the regime used a crematorium to conceal a mass killing of prisoners at the Saydnaya
penitentiary complex;
47 See A/HRC/34/64 and A/HRC/34/CRP.3.
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GE.17-18194 53
15. Calls upon the Syrian authorities and all other parties to the conflict to ensure
the effective implementation of Security Council resolutions 2139 (2014) of 22 February
2014 and 2254 (2015), and, in particular, to end the arbitrary detention and torture of
civilians in the Syrian Arab Republic, notably in prisons and detention facilities, as well as
kidnappings, abductions and forced disappearances, as demanded by the Council in its
resolution 2139 (2014);
16. Condemns the denial of medical services in all prisons and detention facilities;
17. Recognizes the permanent damage that torture and ill-treatment, including
sexual abuse and violence, causes to its victims and their families;
18. Calls for the appropriate international monitoring bodies to be granted
immediate access without undue restriction to all detainees, and for the Syrian authorities to
publish a list of all detention facilities;
19. Calls upon all parties to the conflict to cease the mistreatment and torture of
detainees and to allow access to medical services for all detainees;
20. Demands the immediate release of all persons arbitrarily detained, including
women, children, human rights defenders, humanitarian aid providers, medical personnel
and journalists;
21. Recalls the decision of the Security Council that the Syrian Arab Republic
shall not use, develop, produce, otherwise acquire, stockpile or retain chemical weapons, or
transfer, directly or indirectly, chemical weapons to other States or non-State actors,48 and,
in keeping with the decision of the Council, expresses its strong conviction that those
individuals responsible for the use of chemical weapons in the Syrian Arab Republic should
be held accountable;
22. Expresses grave concern at the use of sarin in Khan Shaykhun on 4 April
2017, resulting in approximately 100 fatalities, and the use of sulphur mustard in Umm
Hawsh on 16 September 2016, as concluded by the Organisation for the Prohibition of
Chemical Weapons, and looks forward to the results of the investigations into these
incidents by the Organisation for the Prohibition of Chemical Weapons-United Nations
Joint Investigative Mechanism;
23. Recalls with grave concern the report of the Commission of Inquiry
identifying the Syrian air force as responsible for the sarin gas attack on Khan Shaykhun on
4 April 2017;49
24. Expresses grave concern at the reports of the Technical Secretariat of the
Organisation for the Prohibition of Chemical Weapons of July 2016, March 2017 and July
2017, according to which the Technical Secretariat was not able to verify that the Syrian
declaration regarding its chemical weapons programme was accurate and complete, and
calls upon the Syrian Arab Republic to cooperate fully with the Organisation to further
clarify remaining gaps, inconsistencies and discrepancies in its declaration;
25. Recalls the reports of the Joint Investigative Mechanism of 24 August and 21
October 2016,50 and expresses grave concern at its findings that the Syrian armed forces
were responsible for the use of chemical weapons (chlorine) in three attacks in the Syrian
Arab Republic — in Tallmannis in 2014 and in Qaminas and Sarmin in 2015 — and that the so-called Islamic State in Iraq and the Levant (Da’esh) was responsible for one sulphur mustard attack in the Syrian Arab Republic, in Marea in 2015;
26. Condemns in the strongest possible terms the use of chemical weapons in the
Syrian Arab Republic, as reported by the Joint Investigative Mechanism, which violates the
Chemical Weapons Convention, Security Council resolution 2118 (2013), and the decisions
of the Executive Council of the Organisation, including decision EC-M-33/DEC.1, as well
as the use of chemical weapons in contravention of well-established international standards
and norms against such use, and expresses its strong conviction that those individuals
responsible for the use of chemical weapons must be held accountable;
48 See Security Council resolution 2235 (2015).
49 See A/HRC/36/55.
50 See S/2016/738/Rev.1 and S/2016/888.
A/72/53/Add.1
54 GE.17-18194
27. Demands that all parties identified in the reports of the Joint Investigative
Mechanism as having been involved in the use of toxic chemicals as weapons desist
immediately from any further use;
28. Strongly condemns the use of starvation of civilians as a method of combat,
and all besiegement directed against civilian populations;
29. Condemns the reported forced displacement of populations in the Syrian
Arab Republic and its alarming impact on the demography of the country, and calls upon
all parties concerned to cease immediately all activities that cause these actions, including
any activities that may amount to war crimes and crimes against humanity;
30. Also condemns the Syrian authorities’ indiscriminate use of heavy weapons and aerial bombardments, including cluster munitions, incendiary weapons, ballistic
missiles and barrel bombs, and calls for an immediate end to all attacks against medical
facilities and personnel, and civilians and civilian infrastructure, including civilian
transportation and educational facilities;
31. Stresses the need to promote accountability for those responsible for the
unlawful killings of civilians, and also stresses the importance of holding to account those
responsible for all violations of international humanitarian law and all violations and abuses
of international human rights law;
32. Strongly condemns violence against all persons based on their religious or
ethnic affiliation, including the indiscriminate use of car and suicide bombs, snipers and
hostage-taking;
33. Demands that all parties take all appropriate steps to protect civilians,
including members of ethnic, religious and confessional communities, and stresses that, in
this regard, the primary responsibility to protect the Syrian population lies with the Syrian
authorities;
34. Strongly condemns the damage and destruction of the cultural heritage of the
Syrian Arab Republic, in particular the destruction of the cultural heritage in Palmyra and
Aleppo and the organized looting and trafficking of Syrian cultural property, as outlined by
the Security Council in its resolution 2199 (2015) of 12 February 2015;
35. Affirms that attacks intentionally directed against historic monuments may
amount to war crimes, and underlines the need to bring the perpetrators of such crimes to
justice;
36. Calls upon the international community to support the leadership and full and
meaningful participation of women in all efforts, including decision-making, with the aim
of finding a political solution to the conflict in the Syrian Arab Republic, as envisaged by
the Security Council in its resolutions 1325 (2000) of 31 October 2000, 2122 (2013) of 18
October 2013, 2254 (2015), 2268 (2016), 2332 (2016) of 21 December 2016 and 2336
(2016), and welcomes the participation of the Women’s Advisory Board and civil society in the United Nations-led talks in order to ensure that all resulting peacebuilding efforts are
gender-responsive and consider the differential impact of conflict on women and girls, and
their specific needs and interests;
37. Recalls that the International Criminal Court was established to help to end
impunity for applicable crimes in which the State is unwilling or unable to genuinely carry
out investigations or prosecutions;
38. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law or violations and abuses of international human rights law
are held to account through appropriate, fair and independent national, regional or
international criminal justice mechanisms, and stresses the need to pursue practical steps
towards this goal, noting the important role that the International Criminal Court can play in
this regard;
39. Welcomes the establishment of the International, Impartial and Independent
Mechanism to Assist in the Investigation and Prosecution of Persons Responsible for the
Most Serious Crimes under International Law Committed in the Syrian Arab Republic
since March 2011 by the General Assembly in its resolution 71/248 of 21 December 2016,
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GE.17-18194 55
and the recent appointment of the Head of the Mechanism, and stresses its mandate to
cooperate closely with the Commission of Inquiry in all aspects of its work;
40. Invites Member States to support actively the International, Impartial and
Independent Mechanism, including by considering the provision of information and data on
the most serious crimes under international law committed in the Syrian Arab Republic,
and to provide adequate financial means for its functioning;
41. Reaffirms that, in the context of an inclusive and credible dialogue, the Syrian
people should determine the appropriate process and mechanisms to achieve justice,
reconciliation, truth and accountability for gross violations and abuses of international law,
and reparations and effective remedies for victims;
42. Emphasizes that all efforts to bring a peaceful conclusion to the ongoing
conflict in the Syrian Arab Republic must fully reflect the importance of ensuring
accountability for the crimes committed in the country as a prerequisite to bringing about
reconciliation and sustainable peace;
43. Expresses deep concern for the more than 6 million internally displaced
persons and 5.1 million refugees in the region fleeing the violence in the Syrian Arab
Republic, welcomes the efforts of neighbouring countries to host Syrian refugees, and
acknowledges the socioeconomic consequences of the presence of large-scale refugee
populations in those countries;
44. Deplores the deteriorating humanitarian situation in the Syrian Arab
Republic, and urges the international community to provide urgent financial support to
enable the host countries to respond to the growing humanitarian needs of Syrian refugees,
while emphasizing the principle of burden-sharing;
45. Expresses deep concern at the plight of the approximately 4.5 million Syrians
living in besieged and hard-to-reach areas in the Syrian Arab Republic, whose needs are
particularly acute and who require full, immediate and safe humanitarian access;
46. Demands that the Syrian authorities facilitate, and all other parties to the
conflict do not hinder, the full, immediate and safe access of the United Nations and
humanitarian actors, and that they ensure that the delivery of humanitarian aid reaches all
those in need, including in hard-to-reach and besieged areas, in accordance with Security
Council resolutions 2139 (2014), 2165 (2014), 2191 (2014) of 17 December 2014, 2254
(2015), 2258 (2015) of 22 December 2015 and 2268 (2016), and calls upon Member States
to fully fund the United Nations appeals;
47. Strongly condemns the Syrian authorities’ removal of humanitarian aid from United Nations approved convoys, including medical aid and supplies intended to reach
desperate populations deprived of food, medical aid and vital necessities;
48. Welcomes the progress made since 2013 by the international conferences on
supporting the Syrian Arab Republic and the region in Kuwait City and London, and the
follow-up conference in Brussels on 5 April 2017 hosted by the European Union, the
United Kingdom of Great Britain and Northern Ireland, Kuwait, Qatar, Germany, Norway
and the United Nations, which reaffirmed international support for the United Nations-led
intra-Syrian talks in Geneva, secured pledges totalling 6 billion United States dollars for
2017 and 3.7 billion dollars for 2018-2020 for humanitarian needs in the Syrian Arab
Republic and the region, renewed commitment to supporting the resilience of host
communities and refugees in Jordan, Lebanon, Turkey, Egypt and Iraq, and underlined the
need to protect civilians and respect international human rights law and international
humanitarian law;
49. Renews its call upon all members of the international community to respond
expeditiously to the Syrian 2017 humanitarian appeals and to deliver in full all pledges,
including multi-year pledges, made at the Brussels conference;
50. Notes those countries outside the region that have put in place measures and
policies to assist and to host Syrian refugees, and encourages them to do more, and also
encourages other States outside the region to consider implementing similar measures and
policies, also with a view to providing Syrian refugees with protection and humanitarian
assistance;
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56 GE.17-18194
51. Reaffirms that there can only be a political solution to the conflict in the
Syrian Arab Republic, and urges the parties to the conflict to abstain from actions that may
contribute to the continuing deterioration of the human rights, security and humanitarian
situations in order to reach a genuine political transition, based on the Geneva communiqué,
consistent with Security Council resolutions 2254 (2015) and 2268 (2016), that meets the
legitimate aspirations of the Syrian people for a civil, democratic and pluralistic State, in
which all citizens receive equal protection regardless of gender, religion or ethnicity;
52. Demands that all parties work urgently towards the comprehensive
implementation of the Geneva communiqué, including through the establishment of an
inclusive transitional governing body with full executive powers, which shall be formed on
the basis of mutual consent while ensuring the continuity of governmental institutions;
53. Expresses deep concern at the Commission of Inquiry’s conclusion that children throughout the Syrian Arab Republic remain disproportionately vulnerable to
violence and abuse, and that children suffer as a consequence of attacks against civilians,
lack of access to education and their recruitment for use as child soldiers;
54. Decides to convene a high-level panel discussion on violations of the human
rights of children in the Syrian Arab Republic at the thirty-seventh session of the Human
Rights Council, in consultation with the Commission of Inquiry, with a specific focus on
attacks against children, including attacks on schools and hospitals and denial of
humanitarian access, featuring witness testimony and Syrian voices, including children’s views through appropriate and safe means, and requests the Office of the United Nations
High Commissioner for Human Rights to liaise with States and all stakeholders, including
relevant United Nations agencies, funds and programmes, special procedures of the Council,
national human rights institutions and civil society, with a view to ensuring their
participation in the panel discussion;
55. Requests the Office of the High Commissioner to prepare a summary report
on the high-level panel discussion, to be presented to the Human Rights Council at its
thirty-eighth session;
56. Decides to remain seized of the matter.
40th meeting
29 September 2017
[Adopted by a recorded vote of 27 to 7, with 13 abstentions. The voting was as follows:
In favour:
Albania, Belgium, Botswana, Brazil, Côte d’Ivoire, Croatia, El Salvador, Georgia, Germany, Ghana, Hungary, Japan, Latvia, Netherlands, Panama,
Paraguay, Portugal, Qatar, Republic of Korea, Rwanda, Saudi Arabia,
Slovenia, Switzerland, Togo, United Arab Emirates, United Kingdom of
Great Britain and Northern Ireland, United States of America
Against:
Bolivia (Plurinational State of), Burundi, China, Cuba, Iraq, Philippines,
Venezuela (Bolivarian Republic of)
Abstaining:
Bangladesh, Congo, Ecuador, Egypt, Ethiopia, India, Indonesia, Kenya,
Kyrgyzstan, Mongolia, Nigeria, South Africa, Tunisia]
36/21. Cooperation with the United Nations, its representatives and
mechanisms in the field of human rights
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling General Assembly resolution 60/251 of 15 March 2006 and Human Rights
Council resolutions 5/1, on institution-building of the Council, and 5/2 on the Code of
Conduct for Special Procedures Mandate Holders of the Human Rights Council, of 18 June
2007,
A/72/53/Add.1
GE.17-18194 57
Recalling also General Assembly resolution 65/281 of 17 June 2011, in which the
Assembly adopted the text entitled “Outcome of the review of the work and functioning of the Human Rights Council”, and in particular paragraph 30 of the outcome document, in which the Human Rights Council strongly rejected any act of intimidation or reprisal
against individuals and groups who cooperate or have cooperated with the United Nations,
its representatives and mechanisms in the field of human rights, and urged States to prevent
and ensure adequate protection against such acts,
Recalling further all previous Human Rights Council resolutions and decisions on
this topic,
Taking note with appreciation of the reports of the Secretary-General on this
question, and in particular noting with concern the worsening incidence, severity and scope
of cases of intimidation and reprisal against individuals and groups who seek to cooperate,
cooperate or have cooperated with the United Nations,
Reiterating that the promotion and protection of human rights should be based on
the principles of cooperation and genuine dialogue, and be aimed at strengthening the
capacity of Member States to comply with their human rights obligations for the benefit of
all people,
Welcoming the designation of the Assistant Secretary-General for Human Rights by
the Secretary-General as senior official to lead the efforts within the United Nations system
to address acts of intimidation or reprisal against those who seek to cooperate, cooperate or
have cooperated with the United Nations on human rights,
Welcoming also the different roles of the Secretary-General, the United Nations
High Commissioner for Human Rights and the President of the Human Rights Council in
supporting cooperation with the United Nations, its representatives and mechanisms in the
field of human rights, and in that context addressing, as appropriate, including in a public
manner, acts of intimidation or reprisal against individuals and groups who seek to
cooperate, cooperate or have cooperated with the United Nations in this regard,
Noting with appreciation the work done by the special procedures, including the
development of standard operating procedures on the topic and the appointment of a focal
point on the matter by members of the Coordination Committee of Special Procedures, and
the inclusion of a dedicated section on reprisals in the annual report of special procedures
presented to the Human Rights Council at every March session, as well as the increased
attention given by treaty bodies to preventing and addressing acts of intimidation or reprisal,
in particular by the adoption and implementation of specific guidelines and the appointment
by a number of treaty bodies of a rapporteur on reprisals,
Noting with appreciation also the role that regional mechanisms can play, where
appropriate, in preventing and addressing acts of intimidation or reprisal, in particular the
appointment by the African Commission on Human and Peoples’ Rights of a focal point on reprisals,
Reiterating that all States Members of the United Nations, and in particular the
States Members of the Human Rights Council, should fully cooperate with the Council and
its mechanisms, and affirming that failure to take steps to prevent, investigate and ensure
accountability for acts of intimidation or reprisal may be inconsistent with this commitment,
Expressing serious concern at the continued reports of acts of intimidation and
reprisal against individuals and groups who seek to cooperate, cooperate or have cooperated
with the United Nations, its representatives and mechanisms in the field of human rights,
and at the seriousness of reported reprisals, including violations of the right of the victim to
life, liberty and security of person, and violations of obligations under international law
prohibiting torture and cruel, inhuman or degrading treatment,
Acknowledging that acts of intimidation or reprisal carried out or tolerated by the
State undermine and often violate human rights, and underscoring that States should
investigate any alleged act of intimidation or reprisal, ensure accountability and effective
remedies and take steps to prevent further acts of intimidation or reprisal,
Recalling the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), and underlining the role
that national human rights institutions can play in preventing and addressing cases of
A/72/53/Add.1
58 GE.17-18194
intimidation or reprisal as part of supporting cooperation between their Governments and
the United Nations in the promotion of human rights, including by contributing to the
prevention of such cases and to follow up actions, as appropriate, to recommendations
made by international human rights mechanisms,
Recognizing the work done by the United Nations, including the Office of the
United Nations High Commissioner for Human Rights, in examining, verifying and
corroborating allegations of acts of intimidation or reprisal, and encouraging it to continue
its work in this regard, while underlining the primary importance of continuous constructive
dialogue and cooperation with and by the State concerned,
1. Reaffirms the right of everyone, individually and in association with others,
to unhindered access to and communication with international bodies, in particular the
United Nations, its representatives and mechanisms in the field of human rights, including
the Human Rights Council, its special procedures, the universal periodic review mechanism
and treaty bodies, as well as regional human rights mechanisms, bearing in mind that free
and unhindered access to and communication with individuals and civil society are indeed
indispensable to enable the United Nations and its mechanisms to fulfil their mandates;
2. Condemns all acts of intimidation or reprisal by States and non-State actors
against individuals and groups who seek to cooperate, cooperate or have cooperated with
the United Nations, its representatives and mechanisms in the field of human rights;
3. Urges all States to prevent and refrain from all acts of intimidation or reprisal
against those who:
(a) Seek to cooperate, cooperate or have cooperated with the United Nations, its
representatives and mechanisms in the field of human rights, or who have provided
testimony or information to them;
(b) Avail or have availed themselves of procedures established under the
auspices of the United Nations for the protection of human rights and fundamental
freedoms, and all those who have provided legal or other assistance to them for this purpose;
(c) Submit or have submitted communications under procedures established by
human rights instruments, and all those who have provided legal or other assistance to them
for this purpose;
(d) Are relatives of victims of human rights violations or of those who have
provided legal or other assistance to victims;
4. Urges States to take all appropriate measures to prevent the occurrence of
acts of intimidation or reprisal, including, where necessary, by adopting and consequently
implementing specific legislation and policies in order to effectively protect those who seek
to cooperate, cooperate or have cooperated with the United Nations, its representatives and
mechanisms in the field of human rights from any act of intimidation or reprisal;
5. Also urges States to ensure accountability for any act of intimidation or
reprisal against those who seek to cooperate, cooperate or have cooperated with the United
Nations, its representatives and mechanisms in the field of human rights by ensuring
impartial, prompt and thorough investigations of any alleged act of intimidation or reprisal
in order to bring the perpetrators to justice; to provide access to effective remedies for
victims in accordance with their international human rights obligations and commitments;
and to prevent any recurrence;
6. Welcomes the efforts made by States to investigate allegations of intimidation
or reprisal and to bring perpetrators to justice, and encourages States to continue such
efforts;
7. Encourages States to provide information, as appropriate, to the Human
Rights Council on all measures taken by them to prevent and address acts of intimidation or
reprisal against those who seek to cooperate, cooperate or have cooperated with the United
Nations, its representatives and mechanisms in the field of human rights, including on cases
mentioned in the reports of the Secretary-General;
8. Stresses that information provided by all stakeholders, including civil society,
to the United Nations and its representatives and mechanisms in the field of human rights
should be credible and reliable, and must be thoroughly checked and corroborated;
A/72/53/Add.1
GE.17-18194 59
9. Notes the important work done by the Assistant Secretary-General for Human
Rights in relation to the mandate assigned to him by the Secretary-General in October 2016,
and in this regard calls upon all States and invites international and regional organizations,
human rights mechanisms, such as the special procedures and the treaty bodies, United
Nations agencies and bodies, national human rights institutions, civil society and academic
institutions to contribute to the fulfilment of these tasks;
10. Reiterates its strong rejection of any act of intimidation or reprisal against
individuals and groups who seek to cooperate, cooperate or have cooperated with the
United Nations, its representatives and mechanisms in the field of human rights, and recalls
in this regard that the Human Rights Council, its President and the Bureau should address
allegations of acts of intimidation or reprisal in the most appropriate way;
11. Notes that the Presidents of the Human Rights Council have used their good
offices to address allegations of intimidation and reprisal experienced by those engaging
with the Council, and encourages the Presidents of the Council to continue to address
allegations of intimidation and reprisal and to provide information on cases brought to their
attention at each session of the Council;
12. Invites United Nations human rights mechanisms to continue to include in
their reports to the Human Rights Council and to the General Assembly respectively a
reference to credible allegations of intimidation or reprisal against those who seek to
cooperate, cooperate or have cooperated with the United Nations, its representatives and
mechanisms in the field of human rights, while providing an appropriate opportunity to the
State concerned to respond to the allegations transmitted to them, and to reflect the State’s response in their reports;
13. Decides that the presentation of the report of the Secretary-General on
cooperation with the United Nations, its representatives and mechanisms in the field of
human rights will be followed by an interactive dialogue with a view to ensuring adequate
attention to the report and to sharing good practices, challenges and lessons learned, based
on the principles of cooperation and genuine dialogue, and aimed at strengthening the
capacity of Member States to comply with their human rights obligations for the benefit of
all people.
41st meeting
29 September 2017
[Adopted by a recorded vote of 28 to 0, with 19 abstentions. The voting was as follows:
In favour:
Albania, Belgium, Botswana, Brazil, Congo, Côte d’Ivoire, Croatia, Ecuador, El Salvador, Georgia, Germany, Ghana, Hungary, Iraq, Japan, Latvia,
Mongolia, Netherlands, Panama, Paraguay, Portugal, Republic of Korea,
Rwanda, Slovenia, Switzerland, Tunisia, United Kingdom of Great Britain
and Northern Ireland, United States of America
Abstaining:
Bangladesh, Bolivia (Plurinational State of), Burundi, China, Cuba, Egypt,
Ethiopia, India, Indonesia, Kenya, Kyrgyzstan, Nigeria, Philippines, Qatar,
Saudi Arabia, South Africa, Togo, United Arab Emirates, Venezuela
(Bolivarian Republic of)]
36/22. Promotion and protection of the human rights of peasants and
other people working in rural areas
The Human Rights Council,
Recalling the Universal Declaration of Human Rights,
Determined to foster strict respect for the purposes and principles enshrined in the
Charter of the United Nations,
Recalling the International Covenant on Economic, Social and Cultural Rights and
the International Covenant on Civil and Political Rights,
A/72/53/Add.1
60 GE.17-18194
Recalling also the Vienna Declaration and Programme of Action and all other
relevant human rights instruments,
Recalling further Human Rights Council resolutions 13/4 of 24 March 2010, 16/27
of 25 March 2011 and 19/7 of 22 March 2012 on the right to food, and in particular Council
resolutions 21/19 of 27 September 2012, 26/26 of 27 June 2014 and 30/13 of 1 October
2015 on the promotion and protection of the human rights of peasants and other people
working in rural areas,
Underlining the imperative need to achieve the unfinished agenda of the Millennium
Development Goals in order to contribute to making the right to development a reality for
everyone, and welcoming the 2030 Agenda for Sustainable Development,
Welcoming General Assembly resolution 66/222 of 22 December 2011, in which the
Assembly declared 2014 the International Year of Family Farming, and welcoming also its
resolution 68/232 of 20 December 2013, in which the Assembly declared 2015 the
International Year of Soils, and its resolution 68/231 of 20 December 2013, in which it
declared 2016 the International Year of Pulses,
Taking note of general recommendation No. 34 (2016) on the rights of rural women,
adopted by the Committee on the Elimination of Discrimination against Women in March
2016,
Recognizing the important contribution of peasants and other people working in
rural areas to the fight against hunger and the preservation and improvement of biodiversity,
among others, and the need to respect, promote, protect and fulfil their human rights,
Gravely concerned that hunger, like poverty, is still predominantly a rural problem,
and that in the rural population it is those who produce food who suffer disproportionately,
and alarmed that 75 per cent of people suffering from hunger live in rural areas, particularly
in developing countries, and 50 per cent are small-scale and traditional farm holders, as
well as subsistence farmers, and that they are especially vulnerable to food insecurity,
malnutrition, discrimination and exploitation,
Recognizing that livelihoods in rural areas are disproportionately affected by poverty,
climate change, lack of development and lack of access to scientific progress,
Recognizing also that peasants and other people working in rural areas are often
disproportionally affected by the adverse impact of business activities,
Convinced of the need to strengthen the protection and realization of the human
rights of peasants and other people working in rural areas,
Welcoming the reports of the open-ended intergovernmental working group on a
United Nations declaration on the rights of peasants and other people working in rural areas
on its third and fourth sessions,51 held from 17 to 20 May 2016, and from 15 to 19 May
2017, respectively, pursuant to Human Rights Council resolutions 21/19, 26/26 and 30/13,
and welcoming the constructive negotiation, broad participation and active engagement of
Governments, regional and political groups, civil society, experts, international
organizations and intergovernmental organizations and relevant stakeholders, particularly
representatives of peasants and other people working in rural areas,
Bearing in mind the development of this issue,
1. Decides that the open-ended intergovernmental working group on a United
Nations declaration on the rights of peasants and other people working in rural areas shall
hold its fifth annual session for five working days before the thirty-eighth session of the
Human Rights Council, in accordance with its mandate, to negotiate, finalize and submit to
the Council a draft United Nations declaration on the rights of peasants and other people
working in rural areas;
2. Also decides that the updated version of the draft declaration that will be
presented by the Chair-Rapporteur of the working group at its fifth session, taking into
consideration the report of the Chair-Rapporteur on the fourth session, and the version of
51 A/HRC/33/59 and A/HRC/36/58.
A/72/53/Add.1
GE.17-18194 61
the draft declaration resulting from the fifth session will be translated into all official
languages of the United Nations;
3. Requests the Chair-Rapporteur of the working group to conduct informal
consultations during the intersessional periods, as appropriate, with Governments, relevant
special procedures of the Human Rights Council, regional groups, intergovernmental
organizations, United Nations mechanisms, civil society and representatives of peasants
and other people working in rural areas, as well as with other relevant stakeholders and
other relevant specialized agencies of the United Nations system;
4. Requests the Office of the United Nations High Commissioner for Human
Rights to ensure the participation in the fifth session of the working group of up to five
expert panellists, including representatives of peasants and other people working in rural
areas, civil society and grass-roots organizations from developing countries, in order to
contribute to the analysis and interactive dialogues;
5. Requests the Secretariat to provide the working group with the human,
technical and financial assistance necessary for it to fulfil its mandate, including by
providing interpretation for one informal intersessional consultation, and a webcast for the
fifth session of the working group;
6. Invites States, civil society and all relevant stakeholders, in particular
representatives of peasants and other people working in rural areas, to contribute actively
and constructively to the work of the working group;
7. Requests the working group to submit an annual report on progress made to
the Human Rights Council and the General Assembly for their consideration.
41st meeting
29 September 2017
[Adopted by a recorded vote of 34 to 2, with 11 abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Panama, Paraguay, Philippines, Portugal, Qatar, Rwanda, Saudi Arabia,
South Africa, Switzerland, Togo, Tunisia, United Arab Emirates, Venezuela
(Bolivarian Republic of)
Against:
United Kingdom of Great Britain and Northern Ireland, United States of
America
Abstaining:
Albania, Belgium, Croatia, Georgia, Germany, Hungary, Japan, Latvia,
Netherlands, Republic of Korea, Slovenia]
36/23. Mandate of the Working Group of Experts on People of
African Descent
The Human Rights Council,
Recalling General Assembly resolution 56/266 of 27 March 2002, in which the
Assembly endorsed the Durban Declaration and Programme of Action, reaffirming the
commitments contained therein with regard to people of African descent; Assembly
resolution 57/195 of 18 December 2002, in which the Assembly invited all relevant organs,
organizations and bodies of the United Nations system to become involved in the follow-up
to the World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance; and all previous Human Rights Council resolutions on the comprehensive
follow-up to the World Conference and the effective implementation of the Durban
Declaration and Programme of Action,
Recalling also all previous resolutions and decisions of the General Assembly, the
Commission on Human Rights and the Human Rights Council on the elimination of racism,
A/72/53/Add.1
62 GE.17-18194
racial discrimination, xenophobia and related intolerance, in particular Commission
resolutions 2002/68 of 25 April 2002 and 2003/30 of 23 April 2003, and Council
resolutions 9/14 of 18 September 2008, 18/28 of 17 October 2011 and 27/25 of 26
September 2014 on the mandate of the Working Group of Experts on People of African
Descent,
Reaffirming the obligations of States under relevant international human rights
instruments, in particular the International Convention on the Elimination of All Forms of
Racial Discrimination adopted by the General Assembly in its resolution 2106 (XX) of 21
December 1965,
Underlining that the Durban Declaration and Programme of Action, adopted at the
World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance, remains the only instructive outcome of the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance that prescribes comprehensive
measures and remedies for the effective combating of all the scourges of racism at all levels,
Recalling Human Rights Council resolution 5/1, on institution-building of the
Council, and resolutions 5/2, on the Code of Conduct for Special Procedures Mandate
Holders of the Council, both of 18 June 2007, and stressing that the mandate holder shall
discharge his/her duties in accordance with those resolutions and the annexes thereto,
Alarmed at the resurgent violent manifestations of racism, racial discrimination,
xenophobia and related intolerance precipitated by scientifically false, morally
condemnable, socially unjust and dangerous ideologies, such as white supremacy, as well
as by extremist nationalist and populist ideologies, and underlining in this respect that
human beings are born free and equal in dignity and rights and that everyone has the right
to life, liberty and security of person,
Stressing the imperative need for the Working Group of Experts on People of
African Descent to accomplish its mandate,
1. Decides to extend the mandate of the Working Group of Experts on People of
African Descent for a further period of three years, in accordance with the terms of
reference contained in Human Rights Council resolution 9/14;
2. Also decides that the Working Group shall undertake a minimum of two
country visits per year;
3. Requests all Governments to cooperate fully with the Working Group in the
discharge of its mandate, including by responding promptly to the Working Group’s communications and by providing the information requested;
4. Requests the Working Group to submit an annual report to the Human Rights
Council on all activities relating to its mandate, and to the General Assembly in the context
of the International Decade for People of African Descent;
5. Also requests the Working Group to pay special attention in its annual report
to the rising tide of racism and racial hatred, as evidenced by the resurgence of white
supremacist ideologies, and extremist nationalist and populist ideologies, and to make
specific recommendations in this regard;
6. Requests States, non-governmental organizations, relevant human rights
treaty bodies, special procedures and other mechanisms of the Human Rights Council, and
national human rights institutions, international financial and development institutions, and
specialized agencies, programmes and funds of the United Nations to collaborate with the
Working Group, including by, inter alia, providing it with the necessary information and,
where possible, reports in order to enable the Working Group to carry out its mandate,
including with regard to field missions;
7. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Working Group with all the human, technical and
financial assistance necessary for the sustainable and effective fulfilment of its mandate;
8. Recalls the establishment of a voluntary fund to provide additional resources
for, inter alia, the participation of people of African descent, representatives of developing
countries, especially the least developed countries, non-governmental organizations and
A/72/53/Add.1
GE.17-18194 63
experts in the open-ended sessions of the Working Group, and invites States to contribute to
that fund;
9. Decides to remain seized of this important issue.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/24. From rhetoric to reality: a global call for concrete action
against racism, racial discrimination, xenophobia and related
intolerance
The Human Rights Council,
Recalling all its previous resolutions on the comprehensive follow-up to the World
Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance
and the effective implementation of the Durban Declaration and Programme of Action,
Recalling also the General Assembly resolutions in this regard, and the imperative
need for their full and effective implementation,
Emphasizing the primacy of the International Convention on the Elimination of All
Forms of Racial Discrimination as a principal international instrument to combat all the
scourges of racism, and in this regard noting with concern that the commitment made at the
World Conference against Racism, Racial Discrimination, Xenophobia and Related
Intolerance to achieve universal ratification of this primary instrument by 2005 was
regrettably not fulfilled, and underlining the imperative need to elaborate complementary
international standards as instructed by paragraph 199 of the Durban Declaration and
Programme of Action,
Concerned that many years have lapsed since the adoption of the Durban
Declaration and Programme of Action, and regretting in this regard that its objectives have
not been met,
Concerned also, in the above context, at the increasing incidents of racially
motivated hatred in all its forms and manifestations, some of which have taken violent
forms with concomitant racial profiling,
Underlining the importance of removing legal obstacles and eliminating
discriminatory practices that hamper individuals and groups, in particular people of African
descent, from participating fully in the public and political life of the countries in which
they live, including the lack of the exercise of their full citizenship rights,
Noting with appreciation the annual observance in Geneva of the International Day
of Remembrance of the Victims of Transatlantic Slavery and the Slave Trade, and the
support expressed at its commemoration in 2017 for the establishment at the United Nations
Office at Geneva of a memorial to the victims of slavery and the transatlantic slave trade,
1. Underscores the importance of political will and commitment to eliminate all
forms of racism, racial discrimination, xenophobia and related intolerance;
2. Underlines the imperative need for the full and effective implementation of
the Durban Declaration and Programme of Action as the only instructive outcome
document of the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance for the combating of all the scourges of racism, including its
contemporary and resurgent forms, some of which have regrettably taken violent forms;
3. Alarmed at the resurgent violent manifestations of racism, racial
discrimination, xenophobia and related intolerance precipitated by scientifically false,
morally condemnable, socially unjust and dangerous ideologies, such as white supremacy,
as well as by extremist nationalist and populist ideologies, and underlines in this respect
that human beings are born free and equal in dignity and rights and that everyone has the
right to life, liberty and security of person;
A/72/53/Add.1
64 GE.17-18194
4. Encourages States to make the requisite declaration in accordance with
article 14 of the International Convention on the Elimination of All Forms of Racial
Discrimination recognizing the competence of the Committee on the Elimination of Racial
Discrimination to receive and consider communications from individuals or groups of
individuals within their jurisdiction under its complaints procedure;
5. Welcomes paragraph 5 of General Assembly resolution 71/181 of 19
December 2016, and to this end directs the Ad Hoc Committee on the Elaboration of
Complementary Standards to the International Convention on the Elimination of All Forms
of Racial Discrimination to commence, at its tenth session, its elaboration of a draft
additional protocol to the Convention criminalizing acts of a racist and xenophobic nature;
6. Deplores the ongoing use of social media platforms to incite hatred and
violence against migrants, refugees and asylum seekers, and calls upon States to prohibit by
law any advocacy of national, racial or religious hatred that constitutes incitement to
discrimination, hostility or violence, including that propagated by information and
communications technology;
7. Reiterates that the rights to freedom of expression, association and peaceful
assembly should not be exercised with the aim of destroying or denying the rights and
freedoms of others, and not be misused to promote racist hate speech and racist crimes;
8. Calls upon all States that have not yet done so, and consistent with paragraph
75 of the Durban Declaration and Programme of Action, to consider withdrawing their
reservations on article 4 of the International Convention on the Elimination of All Forms of
Racial Discrimination and on articles 18, 19 and 20 of the International Covenant on Civil
and Political Rights;
9. Welcomes the convening of regional meetings organized by the Office of the
United Nations High Commissioner for Human Rights to effectively implement the
programme of activities of the International Decade for People of African Descent,
encourages Member States and other stakeholders to adopt action-orientated
recommendations at these meetings, and calls upon States, regional organizations and other
stakeholders to facilitate the participation of civil society from their respective countries
and regions in the meetings;
10. Requests the United Nations High Commissioner for Human Rights, in his
capacity as coordinator of the Decade, to submit an oral update on his activities in follow-
up to the implementation of the programme of activities within the framework of the
Decade to the Human Rights Council at its thirty-ninth session;
11. Welcomes the intention of the African Union to convene a consultative group
for the project to establish at the United Nations Office at Geneva a memorial to the victims
of slavery and the transatlantic slave trade, and invites Member States and all other actors
to lend their support to the initiative;
12. Requests the High Commissioner to prioritize the issue of preventing and
combating racism, racial discrimination, xenophobia and related intolerance in the work of
the Office of the High Commissioner;
13. Decides to remain seized of this important issue.
42nd meeting
29 September 2017
[Adopted by a recorded vote of 32 to 5, with 10 abstentions. The voting was as follows:
In favour:
Bangladesh, Bolivia (Plurinational State of), Botswana, Brazil, Burundi,
China, Congo, Côte d’Ivoire, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Ghana, India, Indonesia, Iraq, Kenya, Kyrgyzstan, Mongolia, Nigeria,
Panama, Paraguay, Philippines, Qatar, Rwanda, Saudi Arabia, South Africa,
Togo, Tunisia, United Arab Emirates, Venezuela (Bolivarian Republic of)
Against:
Albania, Germany, Switzerland, United Kingdom of Great Britain and
Northern Ireland, United States of America
A/72/53/Add.1
GE.17-18194 65
Abstaining:
Belgium, Croatia, Georgia, Hungary, Japan, Latvia, Netherlands, Portugal,
Republic of Korea, Slovenia]
36/25. Technical assistance and capacity-building in the field of
human rights in the Central African Republic
The Human Rights Council,
Guided by the principles and objectives of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights,
Recalling the African Charter on Human and Peoples’ Rights and other relevant international and African instruments on human rights,
Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human
Rights Council resolutions 5/1 and 5/2 of 18 June 2007, 23/18 of 13 June 2013, 24/34 of 27
September 2013, S-20/1 of 20 January 2014, 27/28 of 26 September 2014, 30/19 of 2
October 2015 and 33/27 of 30 September 2016,
Recalling further Security Council resolutions 2088 (2013) of 24 January 2013,
2121 (2013) of 10 October 2013, 2127 (2013) of 5 December 2013, 2134 (2014) of 28
January 2014, 2149 (2014) of 10 April 2014, 2217 (2015) of 28 April 2015, 2281 (2016) of
26 April 2016, 2301 (2016) of 26 July 2016 and 2339 (2017) of 27 January 2017,
Reaffirming that all States have the primary responsibility to promote and protect the
human rights and fundamental freedoms enshrined in the Charter, the Universal Declaration
of Human Rights, the International Covenants on Human Rights and other international and
African instruments on human rights to which they are parties,
Recalling that the Central African Republic authorities have the primary
responsibility to protect all populations in the country from genocide, war crimes, ethnic
cleansing and crimes against humanity,
Welcoming the holding of popular consultations and the Bangui Forum for National
Reconciliation, which was followed by the adoption of the Republican Pact for Peace,
National Reconciliation and Reconstruction and the signing of an agreement on
disarmament, demobilization and reintegration by the representatives of the main actors in
the conflict in the Central African Republic, and emphasizing the need for effective
implementation of the recommendations and measures contained therein,
Welcoming also the peaceful holding of a constitutional referendum on 13 December
2015, the holding of legislative and presidential elections in December 2015 and February
and March 2016 and the investiture of President Faustin-Archange Touadéra on 30 March
2016,
Reaffirming its commitment to the sovereignty, independence, unity and territorial
integrity of the Central African Republic,
Gravely concerned by the worsening security situation in the Central African
Republic owing to the advance of armed groups across most of the territory, and
condemning in particular the recent acts of violence and crime as well as incidents that have
occurred in parts of the country away from the capital, which have caused heavy civilian
losses since the beginning of 2017 and have triggered massive population displacements,
Gravely concerned also by the deteriorating humanitarian situation, in particular as a
result of the rise in the number of displaced persons and refugees fleeing from violence and
the fact that half of the country’s population, or some 2.4 million people, are in need of humanitarian aid in order to survive, and concerned by the flow of refugees and its
repercussions on the situation in neighbouring countries and other countries in the region,
Noting the presentation on 5 December 2016 of a humanitarian response plan for the
period 2017-2019, and concerned by the growing humanitarian needs in the Central African
Republic,
A/72/53/Add.1
66 GE.17-18194
Noting also the mobilization of the international community to provide humanitarian
assistance to the population of the Central African Republic affected by the crisis, such as
the donor conference held in Addis Ababa on 1 February 2014, the Brussels conference
held on 26 May 2015 and several high-level meetings held on humanitarian action in the
Central African Republic, such as the African Union Solidarity Conference for the Central
African Republic, held in Addis Ababa in February 2017,
Welcoming the outcome of the international support conference held in Brussels in
November 2016 and the pledges announced during that conference, and encouraging
Member States to swiftly disburse those pledges,
Recalling the need for the Government of the Central African Republic, the
international community and humanitarian actors to support the voluntary return of
displaced persons and refugees and to ensure that this return is sustainable,
Gravely concerned by the serious violations and abuses of human rights and of
international humanitarian law, including those involving summary executions,
extrajudicial killings, arbitrary detention and arrests, enforced disappearance, the
recruitment and use of children, rape and other forms of sexual violence, torture, looting,
the unlawful destruction of property and other serious violations and abuses of international
human rights law and international humanitarian law,
Emphasizing that those engaging in or providing support for acts that undermine the
peace, stability or security of the Central African Republic, threaten or impede the political
stabilization and reconciliation process, target civilians and attack peacekeepers will be
held responsible for their acts,
Emphasizing also the urgent need to establish genuine disarmament, demobilization,
reintegration and repatriation programmes as part of a comprehensive strategy for security
sector reform, and welcoming the successful conduct of preliminary activities in this field,
Welcoming the efforts of the African-led International Support Mission in the
Central African Republic, the African Union, the Operation Sangaris mission conducted by
France, the European Union military operation in the Central African Republic, the
European Union Military Advisory Mission in the Central African Republic, the non-
operational and operational military training missions of the Central African armed forces
conducted by the European Union and the United Nations Multidimensional Integrated
Stabilization Mission in the Central African Republic,
Recalling that the international forces present in the Central African Republic must
act, in carrying out their duties, in full respect for the applicable provisions of international
humanitarian law, international human rights law and international refugee law, expressing
its concern at the allegations of sexual abuse and other human rights violations that may
have been committed by personnel of the international forces in the Central African
Republic, recalling that an in-depth investigation should be launched into the allegations
and that those responsible for such acts must be brought to justice, and welcoming the
commitment by the Secretary-General to strictly enforce the zero-tolerance policy of the
United Nations on sexual exploitation and abuse,
Stressing the urgent and imperative need to end impunity in the Central African
Republic, to bring to justice perpetrators of human rights violations and abuses and
violations of international humanitarian law and to reject any general amnesty for the
perpetrators of such violations and abuses, and the need to bolster national mechanisms to
ensure accountability of perpetrators,
Emphasizing the primary responsibility of national authorities to create the
conditions necessary to carry out investigations, to prosecute and to render judgments
efficiently and independently,
Welcoming the commitment of the authorities of the Central African Republic to
restore the rule of law, to end impunity and to bring to justice the perpetrators of crimes
under the Rome Statute of the International Criminal Court, to which the Central African
Republic is a party, and noting the decisions of the Prosecutor of the Court, made on 7
February 2014, to conduct a preliminary examination of the situation in the Central African
Republic and, on 24 September 2014, to launch an investigation, following the request
made by the transitional authorities,
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GE.17-18194 67
Welcoming also the steps taken by the Government to bring the Special Criminal
Court effectively into operation, including the appointment of the Special Prosecutor, the
appointment of international and national judges and the launching of the selection process
for the criminal investigation officers,
Recalling that the international commission of inquiry to investigate allegations of
violations of international humanitarian law and international human rights law and human
rights abuses in the Central African Republic concluded that the main parties to the conflict
had committed, since January 2013, violations and abuses that may constitute war crimes
and crimes against humanity,52
Welcoming the report of the mapping project, which was prepared by the United
Nations Multidimensional Integrated Stabilization Mission in the Central African Republic
and the United Nations High Commissioner for Human Rights and which documented
serious violations of international human rights law and international humanitarian law
committed in the territory of the Central African Republic between January 2003 and
December 2015, stressing the value of that report for future investigations and the
prosecution of cases before the Special Criminal Court and for the establishment of
transitional justice arrangements, and deeply concerned by the findings of that report,
including serious violations of human rights and of international humanitarian law, some of
which may constitute crimes under international law,
1. Strongly condemns the violations of human rights and of international
humanitarian law and the human rights abuses associated with the resurgence of attacks by
the various armed groups, including those involving killings, acts of torture and inhuman
and degrading treatment, sexual violence, abductions, deprivation of liberty and arbitrary
arrest, extortion and looting, the recruitment and use of children, the occupation of schools
and health centres and attacks on them and denial of humanitarian assistance, and stresses
that those responsible for such violations and abuses must be held accountable for their
actions and brought to justice;
2. Also strongly condemns the targeted attacks launched by armed groups
against civilians, against humanitarian workers and supplies and against United Nations
staff;
3. Reiterates its call for an immediate end to all abuses and violations of human
rights and violations of international humanitarian law committed by all parties, for strict
adherence to all human rights and all fundamental freedoms and for the re-establishment of
the rule of law in the country;
4. Takes note with appreciation of the report of the Independent Expert on the
situation of human rights in the Central African Republic53 and of the recommendations
contained therein;
5. Urges all parties in the Central African Republic to protect all civilians, in
particular women and children, against sexual and gender-based violence;
6. Encourages the United Nations Multidimensional Integrated Stabilization
Mission in the Central African Republic to resolutely implement a proactive and assertive
approach in the protection of civilians, as enshrined in its mandate, and also encourages it
to lend the necessary assistance to the Central African authorities so that the Special
Criminal Court may begin its work without delay;
7. Encourages the United Nations and the countries contributing troops to the
United Nations Multidimensional Integrated Stabilization Mission in the Central African
Republic and international forces acting under the mandate of the Security Council to take
appropriate measures in order to ensure full respect of the zero-tolerance policy of the
United Nations on sexual exploitation and abuse, and calls upon troop-contributing
countries and international forces under the mandate of the Security Council to take
appropriate measures to prevent any and all acts of sexual exploitation and abuse and to
prevent impunity among their personnel;
52 See S/2014/928.
53 A/HRC/36/64.
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68 GE.17-18194
8. Calls upon the Central African authorities, with the support of the United
Nations Multidimensional Integrated Stabilization Mission in the Central African Republic,
to engage resolutely in the disarmament, demobilization, reintegration and repatriation of
foreign fighters, in line with a comprehensive strategy for security sector reform to quickly
operationalize the cooperation structures they have put in place and to make proposals for
disarmament, demobilization, reintegration and repatriation, and requests Member States
and international organizations to provide the funding necessary for the disarmament,
demobilization, reintegration and repatriation process, which is an essential contribution to
the security of the population and the stabilization of the country;
9. Urges the Central African authorities, with the support of the United Nations
Multidimensional Integrated Stabilization Mission in the Central African Republic and the
European Union Military Training Mission in the Central African Republic, to adopt and
implement a national security policy and a comprehensive strategy for the reform of the
security sector, including prior human rights verification procedures by defence and
security forces;
10. Deplores the increasing recruitment and use of children by armed groups as
combatants, human shields, domestic workers or sex slaves, as well as the abduction of
children, urges armed groups to release children from their ranks and to put an end to and
prevent future recruitment and use of children, and, in this regard, calls on them to honour
the commitments assumed by several of them on 5 May 2015;
11. Encourages the Government to consider ratifying the Optional Protocol to
the Convention on the Rights of the Child on the involvement of children in armed conflict;
12. Urges all parties to protect and to consider as victims those children who
have been released or otherwise separated from armed forces and armed groups, and
emphasizes the need to pay particular attention to the protection, release and reintegration
of all children associated with the armed forces and armed groups;
13. Calls upon the authorities of the Central African Republic to ensure respect
for the human rights and fundamental freedoms of the entire population and to take all
necessary steps to end the impunity of perpetrators of acts of violence by strengthening the
judicial system and mechanisms intended to ensure accountability;
14. Notes the decision of the Central African authorities in June 2014 to request
the Prosecutor of the International Criminal Court to open an investigation into alleged
crimes committed in the Central African Republic that may fall under the Court’s jurisdiction, and welcomes in that regard the opening in September 2014 of an investigation
by the Court essentially into war crimes and crimes against humanity committed since 1
August 2012;
15. Welcomes the efforts by the Central African authorities to establish within the
national judicial system the Special Criminal Court with competence in respect of serious
violations of human rights and violations of international humanitarian law, and encourages
the Government to take all the measures necessary to ensure the effective implementation
and operational capability of the Court as promptly as possible, with support from the
international community, and to cooperate with the Special Prosecutor of the Court so that
those responsible for international crimes, regardless of their status or their affiliation, are
identified, arrested and brought to justice without delay;
16. Requests the authorities of the Central African Republic to take immediate
and concrete priority measures to strengthen the judiciary and to fight impunity in order to
contribute to stabilization and reconciliation, including by restoring administration of the
judiciary and by strengthening the criminal justice system and the penitentiary system such
that judicial authorities are effectively present throughout the country, ensuring that
everyone has access to fair and impartial justice;
17. Also requests the authorities of the Central African Republic to continue their
efforts to restore the effective authority of the State over the entire country, including
through the redeployment of State administration in the provinces with a view to ensuring
stable, responsible, inclusive and transparent governance;
18. Requests States Members of the United Nations and international and
regional organizations to provide urgent support to the Central African authorities for the
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conduct of the above-mentioned reforms and the restoration of State authority throughout
the country;
19. Urges the authorities of the Central African Republic to implement the
recommendations made at the Bangui Forum on National Reconciliation, including the
establishment of a truth, justice, reparation and reconciliation commission, and encourages
them to define a road map for transitional justice adopting an inclusive approach likely to
allow genuine and lasting reconciliation, including by supporting civil society actors
working for conflict prevention and resolution, reconciliation and human rights;
20. Remains deeply concerned by the conditions of displaced persons and
refugees, and encourages the international community to support the national authorities
and host countries to ensure appropriate protection and support for victims of violence, in
particular women, children and persons with disabilities;
21. Calls upon the national authorities to continue their efforts to protect and
promote the right to freedom of movement for all, including internally displaced persons,
without distinction, and to respect their right to choose their place of residence, to return
home or to seek protection elsewhere;
22. Invites all stakeholders and the international community to remain mobilized
to respond to the urgencies and priorities identified by the Central African Republic, in
particular financial and technical support, and to pay the costs for psychotrauma treatment
of people affected by the crisis;
23. Requests all parties to facilitate rapid access for humanitarian aid and
humanitarian workers to the entire national territory by strengthening security on the roads;
24. Encourages States Members of the United Nations, within the framework of
international cooperation, the relevant United Nations bodies, international financial
institutions and other international organizations concerned and donors to provide the
Central African Republic with technical assistance and capacity-building in order to
promote respect for human rights and to undertake reform of the justice and security sectors;
25. Encourages the United Nations Multidimensional Integrated Stabilization
Mission in the Central African Republic, in accordance with its mandate, to publish reports
on the situation of human rights in the Central African Republic in order to enable the
international community to monitor the situation;
26. Decides to renew, for one year, the mandate of the Independent Expert to
assess, to monitor and to report on the situation of human rights in the Central African
Republic with a view to making recommendations related to technical assistance and
capacity-building in the field of human rights;
27. Requests all parties to cooperate fully with the Independent Expert in
carrying out her mandate;
28. Decides to organize, at its thirty-seventh session, a high-level interactive
dialogue to assess the evolution of the human rights situation on the ground, placing special
emphasis on the impact of peace and reconciliation efforts on human rights, with the
participation of the Independent Expert, representatives of the Government of the Central
African Republic, the United Nations, the African Union and civil society;
29. Requests the Independent Expert to work closely with all United Nations
bodies, the African Union and the Economic Community of Central African States, as well
as with other relevant international organizations, Central African civil society and all
relevant human rights mechanisms;
30. Also requests the Independent Expert to provide an oral update on her report
on technical assistance and capacity-building in the field of human rights in the Central
African Republic to the Human Rights Council at its thirty-eighth session and to submit a
written report to the Council at its thirty-ninth session;
31. Requests the United Nations High Commissioner for Human Rights to
continue to provide the Independent Expert with all the financial and human resources
necessary to enable her to carry out fully her mandate;
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70 GE.17-18194
32. Decides to remain seized of the matter.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/26. Technical assistance and capacity-building to improve human
rights in the Sudan
The Human Rights Council,
Guided by the principles and purposes of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights and other relevant international human rights instruments,
Recalling also General Assembly resolution 60/251 of 15 March 2006 and Human
Rights Council resolutions 5/1 and 5/2 of 18 June 2007,
Recalling further Human Rights Council resolution 33/26 of 30 September 2016,
Emphasizing that States have the primary responsibility for the promotion and
protection of all human rights,
Welcoming the new humanitarian policies of the Government of the Sudan, which
call for rapid and unhindered humanitarian access, while encouraging the Government to
protect and provide humanitarian assistance to populations in need, and encouraging the
Government also to intensify its endeavours to continue its commitment to address
humanitarian needs in conflict-affected areas,
1. Welcomes the work of the Independent Expert on the situation of human
rights in the Sudan;
2. Takes note of the report of the Independent Expert submitted to the Human
Rights Council at its thirty-sixth session,54 and of the comments of the Government of the
Sudan thereon;55
3. Notes with appreciation the cooperation of the Government of the Sudan
with the Independent Expert to enable him to fulfil his mandate, and the Government’s stated commitment to continue that cooperation;
4. Requests the Independent Expert to work with all relevant partners to provide
technical assistance and capacity-building to relevant entities of the Government of the
Sudan, national agencies and other stakeholders;
5. Notes with appreciation the outcomes to date of the ongoing national
dialogue in the Sudan with a view to achieving sustainable peace, encourages the inclusive
participation of all Sudanese stakeholders, and encourages all stakeholders to ensure an
environment conducive to an inclusive, transparent and credible dialogue;
6. Encourages the Government of the Sudan to extend the unilateral declaration
of cessation of hostilities, and calls upon remaining armed groups to declare an
unconditional cessation of hostilities and to negotiate in good faith to achieve a permanent
ceasefire;
7. Notes with appreciation the hosting by the Sudan of hundreds of thousands of
refugees from neighbouring countries and countries in the region and the opening of four
humanitarian corridors to provide life-saving interventions to those affected by conflict and
famine;
8. Notes the continued efforts of the Government of the Sudan to implement the
universal periodic review recommendations it has accepted, and encourages the
Government to continue its cooperation with the review process;
54 A/HRC/36/63.
55 A/HRC/36/63/Add.1.
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GE.17-18194 71
9. Also notes several positive developments, such as the recent separation of the
attorney general’s office from the Ministry of Justice, the appointment on 16 May 2017 of a chairperson to the Sudan National Commission for Human Rights, the presidential pardon
of 259 armed rebel movement members in Darfur, and also of two pastors who had been
sentenced to 12 years of imprisonment, and acknowledges the general amnesty announced
on 29 August 2017 of representatives of civil society and human rights activists, and on 4
September the release on bail of representatives of civil society;
10. Acknowledges the observations made by the Independent Expert in his report,
urges the Government of the Sudan to ensure respect for the human rights of all individuals,
and expresses concern about the incidents of harassment, arbitrary arrest and prolonged
detention, including of students, human rights defenders and members of civil society
organizations, the restrictions on the rights to freedom of expression, association and
peaceful assembly and the ongoing censorship of media, while urging the Government to
respect its constitutional and international obligations and commitments and to address the
demolition of places of worship and reports of harassment of religious leaders;
11. Stresses that conducting investigations into alleged human rights abuses and
violations by all parties and holding perpetrators to account should be a foremost priority of
the Government of the Sudan, while noting the view that bringing all of the Government’s agencies and offices into line with the State’s international human rights obligations and commitments can improve the human rights environment in the Sudan;
12. Expresses serious concern about alleged violations or abuses of human rights
in conflict zones, including those involving sexual and gender-based violence, and urges
parties to protect civilians and to pursue peace;
13. Urges Member States, the United Nations High Commissioner for Human
Rights, relevant United Nations agencies and other stakeholders to support the efforts of the
Government of the Sudan in accordance with the present resolution with a view to further
improving the situation of human rights in the country by responding to the Government’s requests for technical assistance and capacity-building;
14. Requests the Office of the High Commissioner, taking into account the
recommendations of the Independent Expert, to provide technical assistance and capacity-
building in response to the request from the Government of the Sudan for support on ways
to improve the situation of human rights in the country and with a view to providing
support for the country to fulfil its human rights obligations and commitments;
15. Decides to renew the mandate of the Independent Expert for a period of one
year;
16. Requests the Independent Expert to present a report on the implementation of
his mandate, including recommendations on technical assistance and capacity-building, to
the Human Rights Council for consideration at its thirty-ninth session;
17. Calls upon the Government of the Sudan to continue its full cooperation with
the Independent Expert and to continue to permit effective access to visit all areas of the
country, and to meet with all relevant actors;
18. Requests the Office of the High Commissioner to provide all financial and
human resources necessary to the Independent Expert for the implementation of the
mandate;
19. Acknowledges that the situation of human rights in the Sudan informs the
establishment, renewal and transition of mandates related to the Sudan by the Human
Rights Council, and urges the Government of the Sudan to cooperate with the Independent
Expert, the Office of the High Commissioner and other stakeholders with the view that the
continued and sustained improvement in the situation of human rights in the Sudan would
contribute to an eventual transition of the mandate from that of Independent Expert to
another appropriate United Nations human rights mechanism;
20. Decides to consider this issue under agenda item 10.
42nd meeting
29 September 2017
[Adopted without a vote.]
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36/27. Assistance to Somalia in the field of human rights
The Human Rights Council,
Guided by the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights,
Acknowledging that peace and security, development and human rights are the
pillars of the United Nations system,
Reaffirming its respect for the sovereignty, territorial integrity, political
independence and unity of Somalia,
Reaffirming also its previous resolutions on Somalia,
Recalling its resolutions 5/1 and 5/2 of 18 June 2007,
Recognizing that the primary responsibility for promoting and protecting human
rights in Somalia rests with the Federal Government of Somalia, and that enhancing the
legal framework, human rights protection systems and the capacity and legitimacy of
institutions is essential to help to combat impunity, improve accountability for human rights
violations and encourage reconciliation,
Recognizing also the need for all authorities engaged in security to uphold
international human rights commitments and obligations and to address abuse and the
excessive use of force against civilians,
Recognizing further the importance and effectiveness of international assistance to
Somalia and the continued need to step up the scale, coordination, coherence and quality of
all capacity development and technical assistance to Somalia in the field of human rights at
the national and federal Member State levels, and in that regard welcoming the outcomes of
the London Somalia Conference held in May 2017, including the adoption of the New
Partnership for Somalia, which sets out the terms of international support for Somali
priorities, including on human rights, and the Security Pact to provide Somali-led security
and protection in accordance with international humanitarian law and international human
rights law, as appropriate,
Recognizing the sustained and vital commitment of the African Union Mission in
Somalia and the loss and sacrifice of personnel killed in action, and recognizing also that
the commitments from the Mission and the Intergovernmental Authority on Development
are creating the conditions for Somalia to establish political institutions and to extend State
authority, which are key to laying the foundations for a staged transfer of security
responsibility to Somali security forces,
Recognizing also the role that women have played and will continue to play in
community mobilization and peacebuilding in Somali society, and the importance of
promoting their economic empowerment and participation in political and public decision-
making processes, including within Parliament and at all levels of government, in line with
Security Council resolution 1325 (2000) of 31 October 2000 on women, peace and security,
1. Welcomes the commitment of the Federal Government of Somalia to improve
the situation of human rights in Somalia, and in that regard welcomes:
(a) The New Partnership for Somalia, adopted at the London Somalia
Conference by Somalia and international partners, which sets ambitious but achievable
goals for progress on the priorities of Somalia for stability and development, including on
human rights and the rule of law, constitutional settlement, inclusive politics, good
governance, measures to tackle corruption, security and economic recovery;
(b) The endorsement of the first national development plan in 30 years and the
commitments made therein to protect human rights, to promote gender equality and to
empower all women and girls;
(c) The Security Pact, adopted by Somalia and international partners at the
London Somalia Conference, which sets out a vision of Somali-led security institutions and
forces that are affordable, acceptable and accountable, and have the ability to provide the
security and protection that the Somali people deserve and need, in accordance with
international humanitarian law and human rights standards;
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GE.17-18194 73
(d) The high-level commitment made at the London Somalia Conference to
continue dialogue and to work towards closer partnership between the Federal Government
of Somalia, civil society and diaspora organizations, in recognition of the important
contribution of civil society and the diaspora in supporting ongoing peace and development
in Somalia;
(e) The increased representation of women in the cabinet and the Somali national
parliament from 14 per cent to 24 per cent as a result of the electoral process, which,
although falling short of the commitment to reach 30 per cent representation of women,
marks a hard-won step towards more representative, inclusive and effective governance;
(f) The work undertaken by the Ministry for Women and Human Rights
Development as the lead federal government body to advance the human rights agenda in
Somalia, including efforts to establish a national human rights commission to monitor and
provide accountability for violations and abuses, with representation of women,
marginalized groups and persons with disabilities;
(g) The development and agreement of key policies and plans, including a post-
transition human rights road map, a national gender policy and a national plan of action on
eradicating sexual violence in conflict;
(h) Progress on key legislation, including the enactment of the child protection
bill, progress towards the adoption of a bill on sexual offences and the implementation of a
media law, through consultation with media organizations and civil societies, in order to
provide a framework for upholding freedom of expression;
2. Also welcomes the continued commitment of the Federal Government of
Somalia to the universal periodic review process, and in this regard welcomes its
acceptance of the many recommendations made during the review, and encourages their
implementation;
3. Expresses concern at reports of violations and abuses of human rights in
Somalia, and underscores the need to end impunity, to uphold the respect for human rights
for all and to hold accountable all those responsible for such violations and abuses and
related crimes;
4. Expresses particular concern at the abuses and violations perpetrated against
girls and women, including sexual and gender-based violence, child, early and forced
marriage and female genital mutilation, expresses concern at the abuses and violations
committed against children, including the unlawful recruitment and use of child soldiers
and children in armed conflict, killing and maiming, rape and other sexual and gender-
based violence, and abductions, and emphasizes the need for accountability and justice for
all such violations and abuses;
5. Expresses concern that internally displaced persons, including the most
marginalized and vulnerable, which may include women, children and persons belonging to
minority groups, are the most at risk and can bear the brunt of violence, abuses and
violations;
6. Also expresses concern at the attacks against and harassment of human rights
defenders and the media, including journalists, in Somalia, and emphasizes the need to
promote respect for freedom of expression and opinion and to end impunity, holding
accountable those who commit any such related crimes;
7. Recognizes the efforts of those States hosting Somali refugees, urges all host
States to meet their obligations under international law relating to refugees, and urges the
international community to continue to provide financial support to enable host States to
meet the humanitarian needs of Somali refugees in the region, to support the reintegration
of those returning to Somalia when conditions are suitable, and to support internally
displaced persons in Somalia;
8. Calls upon the Federal Government of Somalia, with the support of the
international community:
(a) To implement the commitments in the New Partnership for Somalia and the
London Conference communiqué on constitutional reform, noting the importance of
reaching a settlement on outstanding constitutional issues, completing the constitutional
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74 GE.17-18194
review process in a manner that promotes the building of peace and rule of law, and
establishing a more inclusive model for elections in 2021;
(b) To end the prevailing culture of impunity and to hold accountable those who
commit human rights violations and abuses by concluding the establishment of a resourced
and independent national human rights commission and through reform of State and
traditional justice mechanisms, to increase representation of women in the judiciary, and to
improve access to justice for women and children;
(c) To impose a zero-tolerance policy on sexual and gender-based violence,
including female genital mutilation, ensuring that those responsible for sexual and gender-
based violence, exploitation and abuse are, regardless of their status or rank, held to account;
(d) To ensure security sector reform consistent with international law in order to
ensure that Somali security forces and institutions comply with applicable national and
international law, including international human rights law, including on the protection of
individuals from, inter alia, sexual and gender-based violence, and on the prevention of
extrajudicial killings, and to strengthen internal and external accountability of all relevant
security forces and institutions;
(e) To increase the support and resources allocated to the ministries and
institutions responsible for the administration of justice and the protection of human rights,
particularly the Ministry for Women and Human Rights Development at the federal and
State levels, the judiciary, the police, and correctional services;
(f) To ensure the meaningful participation of women in public and political life
and decision-making by ensuring that the electoral model for national elections in 2021
enables the increased representation of women, alongside elections at the federal Member
State level;
(g) To realize the commitment made at the London Somalia Conference to
establish closer dialogue and cooperation with civil society, with representation of women,
marginalized groups and persons with disabilities;
(h) To promote reconciliation and dialogue at the federal, regional state and
subnational levels, while recognizing the importance of the valuable assistance provided by
the Intergovernmental Authority on Development;
(i) To implement the media protection law to protect and uphold freedom of
expression and a free media and to create a safe and enabling environment in which
journalists and human rights defenders can operate free from hindrance and insecurity, to
continue efforts to prohibit, prevent and protect against all kidnapping, killings, attacks,
acts of intimidation against and harassment of journalists, to initiate timely, effective,
impartial and transparent investigations into killings of journalists, and to prosecute all
those responsible for unlawful acts in a manner that is in line with provisions in the media
protection law and is consistent with other applicable domestic and international legal
obligations;
(j) To ensure the equitable participation of women, young people, members of
minority groups and other marginalized groups in national political processes, and to
establish skills development centres to empower women, young people and members of
minority groups to participate;
(k) To consider acceding to and ratifying the Convention on the Elimination of
All Forms of Discrimination against Women, the Convention on the Rights of Persons with
Disabilities and the Convention on the Prevention and Punishment of the Crime of
Genocide;
(l) To finalize the review of and raise awareness about the new sexual offences
bill, and to pass the bill into law and implement it and other laws as necessary to prevent
sexual and gender-based violence;
(m) To harmonize national and federal Member State-level political policies and
legal frameworks with applicable human rights obligations and other commitments;
(n) To treat former combatants in accordance with applicable obligations under
domestic and international law, in particular international human rights law and
international humanitarian law, as applicable;
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GE.17-18194 75
(o) To continue measures to implement the plans of action to prevent the
unlawful recruitment and use of children in the Somalia national armed forces, and to work
with specialist agencies, such as the United Nations Children’s Fund, to ensure that former child soldiers and children under 18 years of age used in armed conflict are treated as
victims and rehabilitated in accordance with international standards;
(p) To implement the Declaration on Durable Solutions for Somali Refugees and
the Reintegration of Returnees in Somalia, adopted in Nairobi on 25 March 2017, to
promote the well-being and protection of all internally displaced persons, including from
sexual and gender-based violence, and also from exploitation and abuse committed by State
or international military or civilian personnel, to facilitate the voluntary reintegration or
return of all internally displaced persons, including the most vulnerable, in safety and with
dignity, to ensure a fully consultative process and best practice for relocations, to provide
safe sites that provide safe access to essential food and potable water, basic shelter and
housing, appropriate clothing and essential medical services and sanitation, to ensure
unhindered access for humanitarian organizations, to recognize the acute vulnerability of
internally displaced persons, to facilitate full, rapid and unimpeded humanitarian access to
people in need, wherever they are in Somalia, and to safeguard the neutrality, impartiality
and independence of humanitarian actors from political, economic and military interference,
while remaining sensitive to the needs of persons belonging to ethnic minorities requiring
humanitarian assistance;
9. Stresses the important role of joint monitoring and reporting on the situation
of human rights in Somalia by domestic and international experts and the Federal
Government of Somalia, and the vital role that those monitoring human rights can play in
evaluating and ensuring the success of technical assistance projects, which in turn must be
for the benefit of all Somalis;
10. Underlines the importance of the realization by the United Nations
Assistance Mission in Somalia of its mandate throughout Somalia and the need to ensure
synergy with the work of the Office of the United Nations High Commissioner for Human
Rights;
11. Commends the engagement of the Independent Expert on the situation of
human rights in Somalia;
12. Decides to renew the mandate of the Independent Expert, under agenda item
10, for a period of one year, to assess, monitor and report on the situation of human rights
in Somalia with a view to making recommendations on technical assistance and capacity-
building in the field of human rights;
13. Requests the Independent Expert to continue to work closely with the Federal
Government of Somalia at the national and subnational levels, all United Nations bodies,
including the United Nations Assistance Mission in Somalia, the African Union, the
Intergovernmental Authority on Development, other relevant international organizations,
civil society and all relevant human rights mechanisms, and to assist Somalia in the
implementation of:
(a) Its domestic and international human rights obligations;
(b) Human Rights Council resolutions and other human rights instruments,
including associated routine reporting;
(c) Recommendations accepted during the universal periodic review;
(d) Other human rights commitments, policies and legislation to promote the
empowerment of women, young people and marginalized groups, freedom of expression
and assembly, the protection of the media, access to justice for women, and increasing the
capacity of ministries and institutions responsible for the administration of justice and the
protection of human rights;
14. Also requests the Independent Expert to report to the Human Rights Council
at its thirty-ninth session and to the General Assembly at its seventy-third session;
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76 GE.17-18194
15. Requests the Office of the High Commissioner and other relevant United
Nations agencies to provide the Independent Expert with all the human, technical and
financial assistance necessary to carry out fully his mandate;
16. Decides to remain actively seized of the matter.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/28. Enhancement of technical cooperation and capacity-building in
the field of human rights
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
particularly with regard to achieving international cooperation in promoting and
encouraging respect for human rights and for fundamental freedoms for all, without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status,
Reaffirming the obligation of States under the Charter to promote universal respect for and observance of human rights and fundamental freedoms,
Recalling all relevant international human rights treaties, including the International
Covenant on Civil and Political Rights and the International Covenant on Economic, Social
and Cultural Rights,
Recognizing that the enhancement of international cooperation is essential for the
effective promotion and protection of human rights, which should be based on the
principles of cooperation and genuine dialogue and aimed at strengthening the capacity of
States to prevent human rights violations and to comply with their human rights obligations
for the benefit of all human beings,
Recognizing also the importance of enhancing international support for
implementing effective and targeted capacity-building in developing countries to support
national plans to implement all the Sustainable Development Goals,
Recalling General Assembly resolution 70/1 of 25 September 2015 on the 2030
Agenda for Sustainable Development,
Recalling also that the 2030 Agenda is guided by the purposes and principles of the
Charter, including full respect for international law, and is grounded in the Universal
Declaration of Human Rights and international human rights treaties, that it is informed by
other instruments, such as the Declaration on the Right to Development, and that it is to be
implemented in a manner that is consistent with the rights and obligations of States under
international law,
Recognizing that the implementation of the 2030 Agenda must be consistent with a
State’s obligations under international human rights law,
Bearing in mind the mandate of the Human Rights Council, as stated by the General
Assembly in its resolution 60/251 of 15 March 2006, to promote advisory services,
technical assistance and capacity-building, to be provided in consultation with and with the
consent of the States concerned, and the provisions of Council resolutions 5/1 and 5/2 of 18
June 2007 and 16/21 of 25 March 2011 that aim to enable the Council to fulfil such a
mandate,
Recalling all relevant resolutions of the Human Rights Council on the enhancement
of technical cooperation and capacity-building in the field of human rights,
Noting the important role that technical cooperation and capacity-building can play
in building States’ capacities to implement the Sustainable Development Goals in a way that is consistent with their respective obligations under international human rights law,
Recognizing the positive role of capacity-building in the field of human rights in
supporting States in their implementation of the 2030 Agenda,
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Reiterating that one of the responsibilities of the United Nations High
Commissioner for Human Rights and the Office of the High Commissioner is to provide
advisory services and technical and financial assistance, at the request of the State
concerned, with a view to supporting actions and programmes in the field of human rights,
and to coordinate activities to promote and protect human rights throughout the United
Nations system in accordance with the mandate of the Office,
Acknowledging the role and impact of the activities of the relevant agencies of the
United Nations and international and regional organizations, and the contribution of civil
society organizations, in providing States with technical support and assistance on the basis
of needs and requests of States concerned in the implementation of their human rights
obligations and their voluntary pledges and commitments, as well as accepted universal
periodic review recommendations,
Noting with appreciation the contributions of international human rights bodies and
mechanisms, including international human rights treaty bodies, the Human Rights Council
and its subsidiary bodies, such as the special procedures and the universal periodic review
mechanism, in promoting the implementation of the 2030 Agenda in accordance with States’ human rights obligations,
Welcoming the efforts of United Nations human rights bodies and mechanisms, the
United Nations development system and relevant United Nations agencies and country
teams to align capacity-building efforts with the needs and national circumstances of States,
including to strengthen policy coherence, where applicable, in the implementation of States’ respective obligations under international human rights law and in their implementation of
the Sustainable Development Goals,
Appreciating the important role of the United Nations Voluntary Fund for Technical
Cooperation in the Field of Human Rights, the Voluntary Trust Fund for Participation in
the Universal Periodic Review, the Voluntary Technical Assistance Trust Fund to Support
the Participation of Least Developed Countries and Small Island Developing States in the
Work of the Human Rights Council and the Voluntary Trust Fund for Financial and
Technical Assistance for the Implementation of the Universal Periodic Review in assisting
States and developing their national capacities to promote the effective implementation of
their human rights obligations and accepted universal periodic review recommendations,
which have contributed to tangible improvements in the situation of human rights on the
ground,
Noting with appreciation the contributions of the Board of Trustees of the United
Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights and of the
Voluntary Trust Fund for Financial and Technical Assistance for the Implementation of the
Universal Periodic Review through their annual reports to the Human Rights Council, in
particular on the components of technical cooperation and the identification of good
practices,
1. Emphasizes that the general debate under agenda item 10 is an essential
platform for Members and observers of the Human Rights Council to share their visions
and views to promote more effective technical cooperation and capacity-building in the
field of human rights, and to share concrete experiences, challenges and information on
assistance needed in the implementation of their human rights obligations and voluntary
pledges and commitments, and of accepted universal periodic review recommendations,
and their achievements and good practices in this area, including those that promote
synergy and policy coherence between the promotion and protection of human rights and
the realization of the 2030 Agenda for Sustainable Development;
2. Reiterates that technical cooperation and capacity-building in the field of human rights continue to be based on consultations with and the consent of the States
concerned, and should take into account their needs, and the fact that all human rights are
universal, indivisible, interdependent and interrelated and aim to make a concrete impact on
the ground;
3. Underscores the need to strengthen international, regional and bilateral
cooperation and dialogue in the promotion and protection of human rights;
4. Acknowledges that the promotion and protection of human rights and the
2030 Agenda are complementary and mutually reinforcing;
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5. Reaffirms that technical cooperation should remain an inclusive exercise that
engages and involves all national stakeholders, including government agencies, national
human rights institutions and civil society;
6. Also reaffirms the ongoing need for enhanced voluntary contributions to the
relevant United Nations funds to support technical assistance and capacity-building,
particularly the United Nations Voluntary Fund for Technical Cooperation in the Field of
Human Rights, the Voluntary Trust Fund for Participation in the Universal Periodic Review,
the Voluntary Trust Fund for Financial and Technical Assistance for the Implementation of
the Universal Periodic Review and the Voluntary Technical Assistance Trust Fund to
Support the Participation of Least Developed Countries and Small Island Developing States
in the Work of the Human Rights Council, and encourages States to continue to make
contributions to these funds, especially those who have not yet done so;
7. Invites the United Nations High Commissioner for Human Rights to make his
next annual oral presentation, under agenda item 10, on the overview of and successes, best
practices and challenges in technical assistance and capacity-building efforts, particularly
those provided by the Office of the High Commissioner and relevant United Nations
agencies, to the Human Rights Council at its thirty-seventh session, and subsequently on an
annual basis at the March session of the Council, and encourages the High Commissioner to
highlight the contribution of human rights technical cooperation and capacity-building to
the attainment of the Sustainable Development Goals;
8. Invites the Chair of the Board of Trustees of the United Nations Voluntary
Fund for Technical Cooperation in the Field of Human Rights to present the next
comprehensive report on the Board’s work to the Human Rights Council at its thirty- seventh session, and subsequently on an annual basis at the March session of the Council,
and encourages the chairs of the boards of trustees of other funds administered by the
Office of the High Commissioner to support activities in the area of technical assistance
and capacity-building to make a presentation at the same session;
9. Welcomes the panel discussion held pursuant to Human Rights Council
resolution 33/28 under agenda item 10 at the thirty-fifth session of the Council on the theme
“A decade of technical cooperation and capacity-building in the Human Rights Council: challenges and the way forward”, at which participants stressed the need to reinvigorate the debates and actions under agenda item 10 and to make them more responsive to the needs
of States, in accordance with its original intent and the principles of the Council, underlines
the role that technical cooperation and capacity-building can play in preventing human
rights violations and in enhancing the credibility and effectiveness of the Council, while
underscoring also the importance of further strengthening policy coherence across the
United Nations system in the delivery of technical assistance pertaining to human rights and
the Sustainable Development Goals, with a view to maximizing its impact on the ground;
10. Decides, in accordance with paragraphs 3 and 4 of its resolution 18/18 of 29
September 2011, that the theme for the annual thematic panel discussion under agenda item
10 to be held during its thirty-eighth session will be “Human rights and the Sustainable Development Goals: enhancing human rights technical cooperation and capacity-building
to contribute to the effective and inclusive implementation of the 2030 Agenda for
Sustainable Development”;
11. Requests the Office of the High Commissioner to prepare a report on how
United Nations human rights bodies and mechanisms, including the Human Rights Council,
the universal periodic review, the special procedures and the treaty bodies, and United
Nations country teams and agencies can, through effective, coherent and coordinated
technical assistance and capacity-building in the promotion and protection of human rights
support States in the realization of the 2030 Agenda, including, inter alia, by highlighting
practical steps and concrete examples that seek to promote policy synergy and coherence,
use of technology and innovation, and the strengthening of the capacity of national
statistical offices and data systems related to human rights where applicable, as well as
ways to enhance national implementation, reporting and follow-up, taking into account the
different constraints and needs of States, and to submit the report to the Council at its thirty-
eighth session to serve as a basis for the thematic panel discussion;
12. Also requests the Office of the High Commissioner to consult with States, the
United Nations development system, relevant United Nations bodies, agencies and country
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teams, relevant special procedures and other stakeholders, including, where applicable,
those involved in technical cooperation projects that demonstrate best practices,
constructive engagement and positive impact on the ground with a view to ensuring their
participation in the thematic panel discussion;
13. Calls upon States, relevant international organizations, intergovernmental
bodies and civil society to make use of the ideas and issues raised in the annual panel
discussion under agenda item 10 during its thirty-eighth session to enhance the efficiency,
effectiveness and policy coherence of technical cooperation and capacity-building efforts
undertaken by the Office of the High Commissioner and United Nations country teams and
agencies in improving States’ national capacities to promote and protect human rights and support the implementation of the Sustainable Development Goals.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/29. Promoting international cooperation to support national
human rights follow-up systems, processes and related
mechanisms, and their contribution to the implementation of
the 2030 Agenda for Sustainable Development
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling General Assembly resolutions 48/141 of 20 December 1993, 60/251 of 15
March 2006 and 65/281 of 17 June 2011 and Human Rights Council resolutions 5/1 of 18
June 2007, 16/21 of 25 March 2011 and 30/25 of 2 October 2015,
Recalling also General Assembly resolution 70/1 of 25 September 2015, in which
the Assembly adopted the 2030 Agenda for Sustainable Development,
Recognizing that the 2030 Agenda and its Goals and targets are integrated and
indivisible, balance the three dimensions of sustainable development and seek to realize all
human rights of all,
Reaffirming its commitment to the Vienna Declaration and Programme of Action,
adopted by the World Conference on Human Rights in Vienna on 25 June 1993,
Emphasizing the responsibilities of all States, in conformity with the Charter of the
United Nations, to respect, protect and promote human rights and fundamental freedoms for
all, without distinction of any kind as to race, colour, sex, language, religion, political or
other opinion, national or social origin, property, birth, disability or other status,
Recalling that one of the purposes of the United Nations enshrined in the Charter is
to achieve international cooperation in promoting and encouraging respect for human rights,
Recognizing that the enhancement of international cooperation in the field of human
rights is essential for the full achievement of the purposes of the United Nations, including
the effective promotion and protection of all human rights,
Considering that international cooperation, in conformity with the purposes and
principles set out in the Charter and international law, provide an effective and practical
contribution to preventing violations of human rights and fundamental freedoms,
Affirming that technical cooperation, provided in consultation with, and with the
consent of, the States concerned, should be an inclusive exercise that engages and involves
all national stakeholders, including government agencies, national human rights institutions
and civil society, at all stages,
Recognizing the important, valuable and mutually reinforcing role and contribution
of all human rights mechanisms of international and regional human rights systems in the
promotion and protection of human rights and fundamental freedoms,
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80 GE.17-18194
Reiterating the importance and added value of technical assistance and capacity-
building provided in consultation with, and with the consent of, the States concerned to
ensure follow-up to and the effective implementation of their respective international
human rights obligations and commitments,
Recognizing that the promotion and protection of human rights should be based on
the principles of cooperation and genuine dialogue in all relevant forums, including in the
context of the universal periodic review, and be aimed at strengthening the capacity of
States to implement their respective human rights obligations and commitments,
Recognizing also the important and constructive role played by parliaments, national
human rights institutions, civil society and other relevant stakeholders in the universal
periodic review mechanism, and encouraging their continued and unhindered participation
in and contribution to national human rights follow-up systems and processes,
Recognizing further that States, with the support from the United Nations system,
have increasingly adopted comprehensive and permanent approaches to reporting to the
international human rights system and to implementing recommendations through, for
instance, the establishment or strengthening of national human rights follow-up systems
and processes, including, as appropriate, national mechanisms for reporting and follow-up,
Underlining that such mechanisms can facilitate the task of clustering and
prioritizing recommendations and of mainstreaming them into national human rights action
plans, policies and working programmes, as appropriate, thus contributing to preventing the
recurrence of human rights violations,
Affirming that this holistic approach to all human rights recommendations can
contribute to a better alignment of human rights and sustainable development efforts at the
national level,
Acknowledging the important work of the Office of the United Nations High
Commissioner for Human Rights in continuously updating the Universal Human Rights
Index, clustering human rights recommendations and developing methodologies to identify,
where applicable, synergies among human rights recommendations and the Sustainable
Development Goals,
Noting that the 2030 Agenda is guided by the purposes and principles of the Charter,
including full respect for international law, that it is grounded in the Universal Declaration
of Human Rights, international human rights treaties, the Millennium Declaration and the
2005 World Summit Outcome, that it is informed by other instruments, such as the
Declaration on the Right to Development, and that it is to be implemented in a manner that
is consistent with the rights and obligations of States under international law,
Welcoming the technical assistance and capacity-building provided by the Office of
the High Commissioner and by the United Nations Development Programme, through
United Nations Resident Coordinators and United Nations country teams, in consultation
with, and with the consent of, the States concerned, particularly with a view to supporting
the establishment or the strengthening of national human rights follow-up systems and
processes, including, as appropriate, national mechanisms for reporting and follow-up,
Recalling Human Rights Council resolution 6/17 of 28 September 2008, in which
the Council requested the Secretary-General to establish a universal periodic review
voluntary trust fund to facilitate the participation of developing countries, particularly least
developing countries, in the universal periodic review mechanism, and to establish the
voluntary fund for financial and technical assistance, to be administered jointly with the
universal periodic review voluntary trust fund, in order to provide, in conjunction with
multilateral funding mechanisms, a source of financial and technical assistance to help
countries to implement recommendations emanating from the universal periodic review in
consultation with, and with the consent of, the States concerned,
Recalling also the beginning of the third universal periodic review cycle, during
which all States Members of the United Nations will undergo a review of their fulfilment of
their human rights obligations and commitments,
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GE.17-18194 81
Considering the third cycle of the universal periodic review an opportunity to
strengthen the engagement of all States in the follow-up and implementation of human
rights recommendations, including through the provision of technical assistance and
capacity-building, provided upon request and with the consent of the States concerned,
Reaffirming the importance of strengthening the relevance and impact of human
rights recommendations by providing technical assistance and capacity-building for their
implementation, upon request and with the consent of the States concerned, including
through the establishment or strengthening of national human rights mechanisms for
reporting and follow-up, in collaboration with United Nations country teams,
1. Welcomes the holding of the panel discussion on promoting international
cooperation to support national follow-up systems and processes, held on 9 November 2016,
during the twenty-sixth session of the Working Group on the Universal Periodic Review,
and the summary report thereon, submitted by the United Nations High Commissioner for
Human Rights to the Human Rights Council at its thirty-fourth session;56
2. Encourages States to establish or strengthen national human rights follow-up
systems and processes, including, as appropriate, national mechanisms on reporting and
follow-up, to seek, as needed, technical assistance and capacity-building, and to share
experiences and good practices to that end;
3. Encourages States and other relevant stakeholders to promote technical
assistance and capacity-building, upon the request of, and in accordance with the priorities
set by, the States concerned, aimed at sharing experiences and good practices in the follow-
up to international human rights recommendations;
4. Requests the United Nations High Commissioner for Human Rights to
continue to provide technical assistance and capacity-building, upon the request of, and in
accordance with the priorities set by, the States concerned, on the establishment or the
strengthening of national human rights follow-up systems and processes, including, as
appropriate, of national mechanisms for reporting and follow-up;
5. Invites States to gradually increase their voluntary contributions to the United
Nations Voluntary Fund for Technical Cooperation in the Field of Human Rights, the
Voluntary Fund for Financial and Technical Assistance for the Implementation of the
Universal Periodic Review and other relevant trust funds, in order to enable States, upon
request and in accordance with their priorities, to establish or strengthen their respective
national human rights follow-up systems and processes, including, as appropriate, their
national mechanisms for reporting and follow-up;
6. Recognizes that national human rights mechanisms for reporting and follow-
up could make a contribution to the implementation of the Sustainable Development Goals
by strengthening the capacity of States to assess needs, set priorities and implement
measures that effectively promote and protect, including on a preventive basis, the human
rights of all persons, especially those living in vulnerable situations, thus leaving no one
behind;
7. Also recognizes the importance of strengthening capacities and building
synergies at the national level for the implementation of the Sustainable Development
Goals, with due consideration given to human rights recommendations and standards;
8. Requests the Office of the High Commissioner to continue to compile, assess
and raise awareness of good practices, challenges and lessons learned on the potential
contribution of national human rights follow-up systems and processes, including, as
appropriate, of national mechanisms for reporting and follow-up, to the implementation of
human rights recommendations and, where applicable, to the achievement of the
Sustainable Development Goals, building on the activities undertaken in the field of
national policies and human rights and on the enhancement of technical assistance and
capacity-building programmes;
56 A/HRC/34/24.
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9. Decides to remain seized of the matter.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/30. Technical assistance and capacity-building in the field of
human rights in the Democratic Republic of the Congo
The Human Rights Council,
Reaffirming that all States have an obligation to promote and protect the human
rights and fundamental freedoms enshrined in the Charter of the United Nations and the
Universal Declaration of Human Rights, to discharge their obligations under the
International Covenants on Human Rights and other relevant instruments to which they are
parties, and to fulfil their obligations under those treaties and agreements,
Recalling General Assembly resolution 60/251 of 15 March 2006,
Recalling also Human Rights Council resolutions 5/1 of 18 June 2007, 7/20 of 27
March 2008 and S-8/1 of 1 December 2008,
Recalling further its resolutions 10/33 of 27 March 2009, 13/22 of 26 March 2010,
16/35 of 25 March 2011, 19/27 of 23 March 2012, 24/27 of 27 September 2013, 27/27 of
26 September 2014 and 30/26 of 2 October 2015, 33/29 of 30 September 2016 and 35/33 of
23 June 2017, in which the Human Rights Council called upon the international community
to support the national efforts of the Democratic Republic of the Congo and its institutions
with a view to improving the situation of human rights and to respond to its requests for
technical assistance,
Taking note of the report of the United Nations High Commissioner for Human
Rights, submitted to the Human Rights Council in accordance with its resolution 33/29, on
the situation of human rights in the Democratic Republic of the Congo and the activities of
the United Nations Joint Human Rights Office in the Democratic Republic of the Congo,57
Welcoming the progress made by the Democratic Republic of the Congo, in
particular at the institutional and legislative levels, with the adoption by the Senate of an act
relating to the protection and responsibility of human rights defenders and the creation of
an interministerial committee responsible for monitoring the implementation of the
Convention on the Rights of Persons with Disabilities,
Deeply concerned about the continued violations of civil and political rights,
particularly the freedoms of expression and peaceful assembly, committed by State actors
in the context of important electoral events,
Deeply concerned also about the humanitarian consequences of the violence
affecting civilian populations, particularly children and women, which have led to the
internal displacement of more than 3.8 million people inside the country and 7.3 million
people in need of humanitarian assistance,
Recognizing the important role of the United Nations Organization Stabilization
Mission in the Democratic Republic of the Congo and the United Nations Joint Human
Rights Office in the Democratic Republic of the Congo in documenting human rights
violations and in improving the situation of human rights in the country,
Noting the efforts made in the region, in particular by the Southern African
Development Community, the African Union, the International Conference on the Great
Lakes Region and the Economic Community of Central African States aimed at
contributing to peace and stability in the Democratic Republic of the Congo,
Noting also the progress made in the fight against impunity for sexual violence and
for access to justice for victims, including through the establishment by the Office of the
Personal Representative of the Head of State tasked with fighting sexual violence and the
57 A/HRC/36/34.
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GE.17-18194 83
recruitment of children, a helpline for victims of sexual violence that contributes to the fight
against impunity, and the adoption by the Government of an plan of action for the national
police to fight against sexual violence and to ensure the protection of children,
Noting further the efforts of the Democratic Republic of the Congo to implement its
commitments under the Peace, Security and Cooperation Framework for the Democratic
Republic of the Congo and the Region, signed in Addis Ababa on 24 February 2013,
1. Condemns unequivocally the acts of violence committed in some areas of the
country, and all those perpetrating them;
2. Notes the efforts made by the Government of the Democratic Republic of the
Congo to bring perpetrators to justice, and welcomes the convictions already pronounced;
3. Emphasizes the individual responsibility of all stakeholders to act in strict
compliance with the rule of law and human rights, and urges all stakeholders to reject all
violence;
4. Encourages the Government of the Democratic Republic of the Congo to
respect, protect and guarantee all human rights and fundamental freedoms for all, in
accordance with the State’s international obligations, and to respect the rule of law;
5. Recalls that the Government of the Democratic Republic of the Congo bears
the primary responsibility to protect all civilians within its territory, and urges it to exercise
maximum restraint and proportionate lawful use of force in its efforts to restore order, in
accordance with international law;
6. Reaffirms its strong commitment to respect fully the principles of non-
interference in the internal affairs of States and to the full respect for the sovereignty,
independence, unity and territorial integrity of the Democratic Republic of the Congo;
7. Encourages the Government of the Democratic Republic of the Congo to
intensify its efforts to put an end to violence on its territory, with the support of the United
Nations Organization Stabilization Mission in the Democratic Republic of the Congo
within its mandate;
8. Also encourages the Government to continue actively its efforts, with the
support of the international community, to end impunity for the perpetrators of these grave
violations of human rights and international humanitarian law, and to ensure that victims of
such crimes receive adequate reparations;
9. Welcomes the efforts made by regional organizations, including the African
Union and the Southern African Development Community, to defuse tension in the
Democratic Republic of the Congo and to promote inclusive dialogue in the
implementation of the political agreement of 31 December 2016;
10. Underlines the centrality of the agreement of 31 December 2016 and the
necessity of its full implementation, to pave the way for the timely holding of free, fair,
peaceful and credible elections in the Democratic Republic of the Congo, and urges
Congolese stakeholders to redouble their efforts to prepare for the timely holding of free,
fair, peaceful and credible presidential and legislative elections, in accordance with the
provisions of the agreement of 31 December 2016, and in parallel to take additional
confidence-building measures, in accordance with the agreement, in order to create an
environment conducive to the successful conclusion of the electoral process;
11. Welcomes the progress made by the Independent National Electoral
Commission in the registration of almost 98 per cent of estimated eligible voters, the
logistical support afforded by the United Nations Organization Stabilization Mission in the
Democratic Republic of the Congo in carrying out this exercise, and the initiation of the
registration process of voters in the province of Central Kasai, which commenced on 4
September 2017;
12. Urges the Independent National Electoral Commission, in consultation with
the National Council for Oversight of the Agreement and the Government of the
Democratic Republic of the Congo, to assess objectively the entire election process in order
to make public, as soon as possible, a realistic electoral calendar, in accordance with the
agreement of 31 December 2016;
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13. Encourages the Government of the Democratic Republic of the Congo to
ensure that all citizens, regardless of their political affiliation, can participate freely in
public affairs and that they fully enjoy their human rights and fundamental freedoms, in
particular the freedoms of expression and peaceful assembly;
14. Also encourages the Government to ensure equitable political participation
for all, and to create the conditions necessary for the holding of free, transparent, inclusive
and peaceful elections without further delay, in particular in view of the legislative and
presidential elections;
15. Welcomes the efforts made by the United Nations, the International
Organization of la Francophonie and the European Union to ensure the credibility and the
stabilization of the electoral roll;
16. Also welcomes the launch in Kananga on 19 September 2017 by President
Joseph Kabila Kabange of a forum on peace, reconciliation and development in the Grand
Kasai;
17. Invites the Government of the Democratic Republic of the Congo to improve
and increase the participation of women in the political and administrative domains, and
notes with appreciation the legislative measures already taken in the framework of the
amendments to the Family Code and of the law on the parity of men and women;
18. Welcomes the establishment by the Government of the Democratic Republic
of the Congo of an interministerial commission to monitor the implementation of the
Convention on the Rights of Persons with Disabilities in the context of the implementation
of its five-year (2016-2021) plan for the promotion and protection of the rights of disabled
persons, adopted on 20 and 21 May 2016;
19. Also welcomes the enactment of a law, on 10 March 2017, amending the
Code of Military Justice for the implementation of the Rome Statute, and notes the
validation, in May 2017, of the plan of justice reform, prepared in accordance with the
recommendations made at the conference convened in 2015 on the evaluation of justice
sector reform;
20. Encourages the Government of the Democratic Republic of the Congo to
provide greater protection for all political actors, members of civil society, journalists and
human rights defenders during elections, and to ensure respect for all human rights;
21. Stresses the importance of releasing all persons detained arbitrarily, including
human rights defenders and persons of different political affiliations, of transferring
detainees from the National Intelligence Agency to regular detention centres, and of
granting unlimited access by the United Nations Joint Human Rights Office to centres
under the responsibility of the Agency, and in this respect calls upon the Government of the
Democratic Republic of the Congo to fulfil promptly its commitment to eliminate Agency
detention facilities;
22. Requests all stakeholders in the electoral process to reject all forms of
violence and to abstain from any discourse inciting racial, tribal or ethnic hatred;
23. Calls upon the Government and all relevant institutions of the Democratic
Republic of the Congo to take all additional measures necessary to prevent all violations of
international humanitarian law and abuses of human rights in the Democratic Republic of
the Congo, and to conduct thorough investigations into all acts of violence and violations of
international humanitarian law and abuses of human rights so that all perpetrators, whatever
their affiliation, are brought to justice;
24. Emphasizes the individual responsibility of all stakeholders, including State
officials, and leaders of the political parties of the government majority and the opposition,
to act in strict compliance with the rule of law and human rights;
25. Encourages the Government of the Democratic Republic of the Congo to
continue in its commitment to its cooperation with the Office of the United Nations High
Commissioner for Human Rights, the United Nations Joint Human Rights Office, and the
Human Rights Council and its special procedures;
26. Commends the Democratic Republic of the Congo for the establishment and
operationalization of the National Human Rights Commission, in accordance with the
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principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles);
27. Notes with appreciation the progressive operationalization of the National
Human Rights Commission, welcomes the adoption of its five-year strategic plan and the
release of its first annual report, and calls upon the Government to ensure that the
Commission is independent, including with regard to its funding, so as to ensure full
compliance with the Paris Principles;
28. Encourages the Government of the Democratic Republic of the Congo to
maintain and strengthen the momentum of the efforts made to reform the army, the police
and the security services;
29. Also encourages the Government to maintain and strengthen its efforts to
pursue the reform of the security sector and of the judicial system, including by establishing
the remaining superior courts of appeal, and to reform and strengthen its penitentiary
system;
30. Further encourages the Government to take appropriate measures to ensure
the smooth functioning of all implementing agencies of human rights, including the human
rights liaison unit, the National Human Rights Commission, the interministerial committee
on human rights, the national commission for the universal periodic review and the unit for
the protection of human rights defenders;
31. Welcomes the appointment by the High Commissioner of Bacre Ndiaye, Luc
Côté and Fatimata M’Baye as members of the team of international experts on the situation in the Kasai regions of the Democratic Republic of the Congo as mandated by the Human
Rights Council in its resolution 35/33;
32. Encourages the Government to organize a forum on human rights, in
particular on the impact of technical assistance by the international community to the
Democratic Republic of the Congo;
33. Requests the Office of the High Commissioner to give an oral update on the
situation of human rights in the Democratic Republic of the Congo to the Human Rights
Council at its thirty-seventh and thirty-eighth sessions, in an enhanced interactive dialogue;
34. Also requests the Office of the High Commissioner to prepare a
comprehensive report on the situation of human rights in the Democratic Republic of the
Congo, including in the context of the electoral process, and to present it to the Human
Rights Council at its thirty-ninth session in an enhanced interactive dialogue;
35. Decides to remain seized of the situation until its thirty-ninth session.
42nd meeting
29 September 2017
[Adopted by a recorded vote of 45 to 1, with 1 abstention. The voting was as follows:
In favour:
Albania, Bangladesh, Belgium, Bolivia (Plurinational State of), Botswana,
Brazil, Burundi, China, Congo, Côte d’Ivoire, Croatia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia, Georgia, Germany, Ghana, Hungary, India, Indonesia,
Iraq, Japan, Kenya, Kyrgyzstan, Latvia, Mongolia, Netherlands, Nigeria,
Panama, Paraguay, Philippines, Portugal, Qatar, Rwanda, Saudi Arabia,
Slovenia, South Africa, Switzerland, Togo, Tunisia, United Arab Emirates,
United Kingdom of Great Britain and Northern Ireland, Venezuela
(Bolivarian Republic of)
Against:
United States of America
Abstaining:
Republic of Korea]
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86 GE.17-18194
36/31. Human rights, technical assistance and capacity-building in
Yemen
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations and the
provisions of the Universal Declaration of Human Rights, and recalling relevant
international human rights treaties,
Recognizing the primary responsibility of States to promote and protect human
rights,
Recalling Security Council resolutions 2014 (2011) of 21 October 2011, 2051 (2012)
of 12 June 2012 and 2140 (2014) of 26 February 2014, and Human Rights Council
resolutions 18/19 of 29 September 2011, 19/29 of 23 March 2012, 21/22 of 27 September
2012, 24/32 of 27 September 2013, 27/19 of 25 September 2014, 30/18 of 2 October 2015
and 33/16 of 29 September 2016,
Recalling also Security Council resolution 2216 (2015) of 14 April 2015,
Welcoming the commitment of Yemeni political parties to complete the political
transition process on the basis of the Gulf Cooperation Council initiative and its
implementation mechanism, and emphasizing the need for the implementation of the
recommendations made in the outcome document of the National Dialogue Conference,
and to complete the drafting of a new Constitution,
Welcoming also the positive engagement of the Government of Yemen in the peace
talks, its handling of the proposals made by the Special Envoy of the Secretary-General for
Yemen, and encouraging it to continue its efforts to achieve peace and stability in Yemen,
Reiterating its strong support for the efforts of the Secretary-General and his Special
Envoy to achieve the urgent resumption of peace negotiations, and recalling the need for all
parties to the conflict to react in a flexible and constructive manner and without
preconditions to these efforts, and to fully and immediately implement all provisions of
relevant Security Council resolutions,
Taking note of the statement made by the President of the Security Council on 15
June 2017 on Yemen,58
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of Yemen,
Recognizing that the promotion, protection and fulfilment of human rights are key
factors in ensuring a fair and equal justice system and, ultimately, reconciliation and
stability for the country,
Acknowledging that international human rights law and international humanitarian
law are complementary and mutually reinforcing, and reaffirming that all efforts should be
made to ensure the cessation of all violations and abuses of, and full respect for,
international human rights law and international humanitarian law in armed conflicts,
Aware of reports by the Office for the Coordination of Humanitarian Affairs that the
existing humanitarian emergency affects the enjoyment of social and economic rights, and
calling upon the parties to the conflict to ensure that humanitarian aid is facilitated and not
hindered,59
Concerned by the allegations of violations of international humanitarian law and of
violations and abuses of human rights law in Yemen, including those involving grave
violations against children, attacks on humanitarian workers, civilians and civilian
infrastructure, including medical facilities and missions and their personnel, as well as
schools, the prevention of access for humanitarian aid, the use of import and other
restrictions as a military tactic, the severe restrictions on freedom of religion or belief,
including for minorities, such as members of the Baha’i faith, and the harassment of and
58 S/PRST/2017/7.
59 A/HRC/30/31, A/HRC/33/38 and A/HRC/36/33.
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GE.17-18194 87
attacks against journalists and human rights defenders, including women human rights
defenders,
Underlining the important role played by free media and non-governmental human
rights organizations in contributing to an objective appraisal of the situation of human
rights in Yemen,
Recalling the call of the Government of Yemen for an investigation into all cases of
violations and abuses of human rights and the relevant calls made by the United Nations
High Commissioner for Human Rights, while noting in this regard the release of an interim
report by the National Commission of Inquiry in August 2017,
Noting the extensive work carried out by the National Commission of Inquiry and
the significant challenges that it continues to face in carrying out independent
comprehensive investigations into all alleged violations and abuses of human rights and
alleged violations of international humanitarian law in Yemen, and encouraging the
Yemeni public prosecution and judiciary to complete judicial proceedings for achieving
justice and to hold those responsible of abuses and violations accountable as soon as
possible,
Noting also the work carried out by the joint incident assessment team,
Taking note of the recommendations and conclusions made by the High
Commissioner on the establishment of an independent international investigative
mechanism to establish the facts and circumstances surrounding all alleged violations and
abuses of human rights and violations of international humanitarian law,60 and taking note
also of the statement and comments made by the Government of Yemen on the report,
1. Condemns the ongoing violations and abuses of human rights and violations
of international humanitarian law in Yemen, including those involving the widespread
recruitment and use of children by parties to the armed conflict, arbitrary arrests and
detention, denial of humanitarian access and attacks on civilians and civilian objects,
including medical facilities and missions and their personnel, as well as schools, and
emphasizes the importance of accountability;
2. Calls upon all parties to the armed conflict to respect their obligations and
commitments under applicable international human rights law and international
humanitarian law, and in particular with regard to attacks against civilians and civilian
objects, and to ensure humanitarian access to the affected population nationwide, including
by lifting obstacles to the importation of humanitarian goods, reducing bureaucratic delays,
resuming salary payments for civil servants and ensuring the full cooperation of the Central
Bank of Yemen;
3. Calls upon all parties in Yemen to engage in the political process in an
inclusive, peaceful and democratic way, ensuring the equal and meaningful participation
and full involvement of women in the peace process;
4. Demands that all parties to the armed conflict end the recruitment and use of
children and release those who have already been recruited, and calls upon all parties to
cooperate with the United Nations for their reintegration into their communities, taking into
consideration the relevant recommendations made by the Secretary-General in his report on
children and armed conflict;61
5. Calls upon all parties in Yemen to implement fully Security Council
resolution 2216 (2015), which will contribute to an improvement in the situation of human
rights, and encourages all parties to reach a comprehensive agreement to end the conflict;
6. Emphasizes the commitments and obligations of the Government of Yemen
to ensure respect for the promotion and protection of the human rights of all individuals
within its territory and subject to its jurisdiction, and in that connection recalls that Yemen
is a party to the International Convention on the Elimination of All Forms of Racial
Discrimination, the Convention on the Elimination of All Forms of Discrimination against
Women, the International Covenant on Civil and Political Rights, the International
60 See A/HRC/36/33.
61 A/70/836-S/2016/360.
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88 GE.17-18194
Covenant on Economic, Social and Cultural Rights, the Convention against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment, the Convention on the
Rights of the Child and the Optional Protocols thereto on the involvement of children in
armed conflict and on the sale of children, child prostitution and child pornography thereto,
the Convention on the Rights of Persons with Disabilities and the Convention relating to
the Status of Refugees and the Protocol thereto, and looks forward to the Government
continuing its efforts to promote and protect human rights;
7. Calls upon all parties to immediately release all Baha’i detained in Yemen due to their religious belief, to cease the issuance of arrest warrants against them and to
cease the harassment to which they are subjected;
8. Expresses deep concern at the deteriorating humanitarian situation in Yemen,
and expresses its appreciation to donor States and organizations working on improving that
situation and for their pledges to provide financial support for the Yemen humanitarian
response plan for 2017;
9. Invites all bodies of the United Nations system, including the Office of the
United Nations High Commissioner for Human Rights, and Member States to assist the
transitional process in Yemen, including by supporting the mobilization of resources to
tackle the consequences of the violence and the economic and social challenges faced by
Yemen, in coordination with the international donor community and according to the
priorities set by the Yemeni authorities;
10. Acknowledges the difficulty of the circumstances under which the National
Commission of Inquiry operates, and that the continuation of the armed conflict and the
continued violations and abuses of international human rights law and violations of
international humanitarian law necessitate the continuation of the Commission’s mandate, and the intensification of its work according to presidential decree No. 50 of 23 August
2017, and urges that its tasks be completed professionally, impartially and comprehensively;
11. Urges all parties to the armed conflict to take all the measures necessary to
ensure effective, impartial and independent investigations into all alleged violations and
abuses of human rights and alleged violations of international humanitarian law, in
accordance with international standards, with a view to ending impunity;
12. Requests the High Commissioner to establish a group of eminent
international and regional experts with knowledge on human rights law and the context of
Yemen for a period of at least one year, renewable as authorized, with the following
mandate:
(a) To monitor and report on the situation of human rights, to carry out a
comprehensive examination of all alleged violations and abuses of international human
rights and other appropriate and applicable fields of international law committed by all
parties to the conflict since September 2014, including the possible gender dimensions of
such violations, and to establish the facts and circumstances surrounding the alleged
violations and abuses and, where possible, to identify those responsible;
(b) To make general recommendations on improving respect for and the
protection and fulfilment of human rights, and to provide guidance on access to justice,
accountability, reconciliation and healing, as appropriate;
(c) To engage with Yemeni authorities and all stakeholders, in particular relevant
United Nations agencies, the field presence of the Office of the High Commissioner in
Yemen, the authorities of the Gulf States and the League of Arab States, with a view to
exchanging information and providing support for national, regional and international
efforts to promote accountability for human rights violations and abuses in Yemen;
13. Requests the immediate operationalization of the mandate, and also requests
the High Commissioner to appoint without delay the Group of Eminent International and
Regional Experts, by no later than the end of 2017;
14. Requests the Group of Eminent International and Regional Experts to submit
a comprehensive written report to the High Commissioner, by the time of the thirty-ninth
session of the Human Rights Council, to be followed by an interactive dialogue;
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GE.17-18194 89
15. Encourages all parties to the armed conflict in Yemen to extend full and
transparent access and cooperation to the Group of Eminent International and Regional
Experts;
16. Requests the Secretary-General and the High Commissioner to provide the
full administrative, technical and logistical support necessary to enable the Group of
Eminent International and Regional Experts to carry out its mandate;
17. Requests the High Commissioner to continue to provide substantive capacity-
building, technical assistance, advice and legal support to enable the National Commission
of Inquiry to complete its investigatory work, including to ensure that the National
Commission investigates allegations of violations and abuses committed by all parties in
Yemen and in line with international standards, and to submit its comprehensive report on
alleged human rights violations and abuses in all parts of Yemen, in accordance with
Presidential Decree No. (50) of 23 August 2017, as soon as it is available, and encourages
all parties to the conflict in Yemen to extend full and transparent access and cooperation to
the National Commission and the Office of the High Commissioner;
18. Also requests the High Commissioner to present to the Human Rights
Council, at its thirty-seventh session, an oral update on the situation of human rights in
Yemen and the development and implementation of the present resolution, and to present to
the Council at its thirty-ninth session a report on the situation of human rights, including
violations and abuses committed since September 2014, as well as on the implementation
of technical assistance as stipulated in the present resolution.
42nd meeting
29 September 2017
[Adopted without a vote.]
36/32. Advisory services and technical assistance for Cambodia
The Human Rights Council,
Reaffirming that all Member States have an obligation to promote and protect human
rights and fundamental freedoms as enshrined in the Charter of the United Nations, as
reaffirmed in the Universal Declaration of Human Rights and in accordance with their
respective obligations under the International Covenants on Human Rights and other
applicable human rights instruments,
Recalling General Assembly resolution 60/251 of 15 March 2006,
Recalling also Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007, and
stressing that special procedure mandate holders shall discharge their duties in accordance
with those resolutions and the annexes thereto,
Recalling further Human Rights Council resolution 30/23 of 2 October 2015 and
other relevant resolutions,
Bearing in mind the report of the Secretary-General on the role and achievements of
the Office of the United Nations High Commissioner for Human Rights in assisting the
Government and people of Cambodia in the promotion and protection of human rights,62
Recognizing that the tragic history of Cambodia requires special measures to ensure
the protection of human rights and the non-return to the policies and practices of the past, as
stipulated in the Agreement on a Comprehensive Political Settlement of the Cambodia
Conflict, signed in Paris on 23 October 1991,
Taking note of the new developments in Cambodia, especially the achievements and
improvements in economic and cultural fields over recent years through its relevant
national plans, strategies and frameworks,
62 A/HRC/36/32.
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90 GE.17-18194
Welcoming the fact that the communal election of 4 June 2017 was held in a
generally orderly and peaceful manner and that the election campaigns were largely
incident-free,
1. Reaffirms the importance of the Extraordinary Chambers in the Courts of
Cambodia as an independent and impartial body, and believes it will significantly
contribute to eradicating impunity and establishing the rule of law by, inter alia, exploiting
its potential as a model court of Cambodia;
2. Welcomes the progress made with regard to the Extraordinary Chambers in
the Courts of Cambodia, including the delivery of the verdict of the Supreme Court
Chamber in case 002/01 against former senior leaders of Democratic Kampuchea, Nuon
Chea and Khieu Samphan, who after appeals were found guilty of crimes against humanity
and sentenced to life imprisonment on 23 November 2016, and supports the position of the
Government of Cambodia and the United Nations to proceed with the tribunal in a fair,
efficient and expeditious manner, given the further advanced age and frail health of the
persons charged and the long overdue justice for the people of Cambodia;
3. Expresses continued concern over the financial situation of the Extraordinary
Chambers, urges the Government of Cambodia to work with the United Nations and the
States providing assistance to ensure the highest standards of administration of the
Extraordinary Chambers, stresses the need for the Government and the international
community to provide all appropriate assistance to the Extraordinary Chambers, and also
stresses the importance of efficient and sustainable management of financial resources by
the Extraordinary Chambers;
4. Calls upon the Government of Cambodia to transfer the knowledge and share
the good practices of the court officials at the Extraordinary Chambers;
5. Welcomes the positive engagement of the Government of Cambodia in the
second universal periodic review process and its acceptance of most of the
recommendations made therein and the progress so far on their implementation;
6. Also welcomes the reports of the Special Rapporteur on the situation of
human rights in Cambodia63 and the recommendations contained therein, also welcomes the
conclusion in December 2016 of a new memorandum of understanding for the
implementation of a technical cooperation programme on human rights between the
Government of Cambodia and the field office in Phnom Penh of the Office of the United
Nations High Commissioner for Human Rights to extend the mandate of that office for
another two years, takes note of the need to maintain close and respectful consultations
between the Government of Cambodia and the Special Rapporteur towards further
improvements in the situation of human rights in the country and for the continued
technical cooperation between the Office of the High Commissioner and the Government,
and encourages the Special Rapporteur and the field office in Phnom Penh to continue to
exchange information in order to assist in the effective implementation of their respective
mandates, bearing in mind their independence;
7. Encourages the enhancement of cooperation between the Government of
Cambodia and the Office of the High Commissioner, as specified in the memorandum of
understanding between the Government and the field office in Phnom Penh of the Office of
High Commissioner, and calls upon the Government to implement the recommendations
made by the Special Rapporteur, taking into account the national context of Cambodia;
8. Reaffirms the need for the Government of Cambodia to strengthen efforts to
consolidate and abide by the rule of law, including through the adoption, amendment and
further implementation of essential laws and codes for establishing a democratic society
and an independent judiciary;
9. Notes the efforts and progress made by the Government of Cambodia in
promoting legal reform under the leadership of the Council of Legal and Judicial Reform,
including enforcing basic laws, such as the civil procedure code, the civil code, the criminal
procedure code and the penal code;
63 A/HRC/27/70, A/HRC/30/58, A/HRC/33/62 and A/HRC/36/61.
A/72/53/Add.1
GE.17-18194 91
10. Also notes the implementation of three fundamental laws on the judiciary,
namely the Law on the Statute of Judges and Prosecutors, the Law on the Organization and
Functioning of the Courts and the amendment to the Law on the Organization and
Functioning of the Supreme Council of the Magistracy, and urges the Government of
Cambodia to continue further its efforts at judicial reform, including through the fair,
effective and transparent application of these laws;
11. Stresses the need for the Government of Cambodia to continue to enhance its
efforts to investigate urgently and to prosecute, in accordance with due process of law and
its obligations under international human rights treaties, all those who have perpetrated
serious crimes, including violations of human rights, expresses deep concern over the death
of the political analyst on 10 July 2016 and the chilling effect this has had on civil society
and independent voices in Cambodia, calls upon the authorities of Cambodia to launch a
full and transparent probe into those cases, and stresses the importance of a full independent
judicial process under the Cambodia courts of law;
12. Notes the efforts made by the Government of Cambodia in combating
corruption, encourages the implementation of the penal code and the anti-corruption law,
and also encourages the Government to continue other such efforts, including through the
activities of the Anti-Corruption Unit;
13. Welcomes the efforts made by the Government of Cambodia in combating
crimes, such as trafficking in persons, the exploitation of labour and the sexual exploitation
of women and children, and urges the Government to make further efforts to this end, in
concert with the international community, to combat outstanding key problems in this area;
14. Takes note of the latest findings regarding gender-based issues in Cambodia,
and encourages the Government of Cambodia to strengthen its efforts on gender-based
issues, including by effectively enforcing existing laws and regulations;
15. Encourages the Government of Cambodia to continue implementing its five-
year strategy for gender equality, promoting women’s economic, social and political empowerment, including their participation in decision-making processes, and the
expansion of women’s economic benefits through improved working conditions, social protection and labour standards;
16. Also encourages, in this context, the Government of Cambodia to monitor the
implementation of the 2001 Land Law, including regarding specific obstacles to women
and vulnerable groups in obtaining land ownership and rights;
17. Notes the efforts made by the Government of Cambodia to resolve land
issues, inter alia, through the implementation of relevant laws and regulations, including a
moratorium on economic land concessions and systematic land registration, expresses
concern at the outstanding issues in this area, and urges the Government to continue and
enhance its efforts to resolve them equitably and expeditiously in a fair and open manner,
taking into consideration the rights of and the actual consequences for the parties concerned
and in accordance with relevant laws and regulations, such as the Land Law, the Law on
Expropriation, the Circular on the Settlement of Illegal Temporary Building in Cities and
Urban Areas and the National Housing Policy, and by strengthening the capacity and
effectiveness of relevant institutions, such as the National Authority for Land Dispute
Resolution and cadastral committees at the national, provincial and district levels;
18. Also notes the commitments made and the progress achieved by the
Government of Cambodia in implementing its obligations under international human rights
treaties and conventions to which it is a party, and urges the Government to continue to take
steps to meet its obligations under those treaties and conventions, and to this end to
strengthen its cooperation with United Nations agencies, including the Office of the High
Commissioner, through enhanced dialogue and the development of joint activities;
19. Further notes the commitment of the Government of Cambodia to establish a
national human rights institution, and urges that this be done in accordance with the
principles relating to the status of national institutions for the promotion and protection of
human rights (the Paris Principles) and upon sufficient consultation with relevant
stakeholders;
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20. Welcomes the efforts made by the Cambodian Human Rights Committee,
especially in resolving complaints from individuals;
21. Also welcomes the efforts and progress made by the Government of
Cambodia in promoting decentralization and deconcentration reform with the aim of
achieving democratic development by strengthening subnational and grass-roots institutions;
22. Expresses serious concern over the recent deterioration of the civil and
political environment in Cambodia due to the chilling effects of judicial prosecutions and
other actions against members of political parties, civil society and the media, in particular
the recent arrest and detention of Kem Sokha, a political opposition leader, and calls upon
all parties, inter alia, the ruling party, to work together towards de-escalating the tensions
and building trust and confidence by restoring dialogue with relevant stakeholders in the
country, and calls upon the Government of Cambodia to guarantee the right to freedom of
expression and association and to fulfil its accountability for the cases concerned;
23. Expresses concern about the restrictions imposed on the media, civil society
and political parties and the negative impact of the Law on Associations and Non-
Governmental Organizations and the amendments of 28 February and 10 July 2017 to the
Law on Political Parties, urges the Government of Cambodia to make continuous efforts to
ensure an environment conducive to the conduct of political activities by all political parties
under democratic principles and the rule of law, and to make further efforts to improve its
electoral system in accordance with international standards so that its election process as a
whole is satisfactory and acceptable to all parties concerned, and calls upon the
Government to take steps to ensure that the elections set to be held in July 2018 do so in an
open and fair manner;
24. Notes with concern that the 2017 amendments to the Law on Political Parties
could lead to an arbitrary restriction on the activities of political parties, encourages all
stakeholders to promote a peaceful democratic process under the rule of law and adherence
to a system of pluralistic liberal democracies through the participation of all elected
representatives in parliamentary debate, in accordance with the Constitution, and calls upon
the Government of Cambodia to ensure the protection of parliamentary immunity for this
purpose;
25. Urges the Government of Cambodia to take appropriate measures to
encourage and enable civil society, including independent trade unions and media, to play a
constructive role in consolidating democratic development in Cambodia, including by
ensuring and promoting their activities and in promoting equal access to the media by all
parties;
26. Notes the large presence of more than 5,000 entities operating associations
and non-governmental organizations, and urges the Government of Cambodia to further
take account of the interests and concerns of all stakeholders in enacting and/or
implementing various laws and measures that may affect the activities of civil society, in
particular, the Law on Associations and Non-Governmental Organizations, in order to
further nurture a vibrant civil society, and to protect and ensure freedom of speech,
association and peaceful assembly in accordance with the Constitution and the International
Covenant on Civil and Political Rights;
27. Encourages the Government of Cambodia to continue to take action to
promote the rights and dignity of all Cambodians by protecting civil and political rights,
including freedom of opinion and expression, and to this end to ensure that all laws are
interpreted and applied in a judicious manner so as to promote economic, social and
cultural rights in accordance with the rule of law;
28. Invites the Secretary-General, agencies of the United Nations system present
in Cambodia and the international community, including civil society, to continue to work
with the Government of Cambodia in strengthening democracy and ensuring the protection
and promotion of the human rights of all people in Cambodia, including by providing
assistance in the fields of:
(a) Drafting laws and assisting the establishment of an independent national
human rights institution;
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GE.17-18194 93
(b) Capacity-building to strengthen legal institutions, including by improving the
quality and independence of judges, prosecutors, lawyers and court staff, and drawing on
the expertise gained by Cambodian nationals working in the Extraordinary Chambers in the
Courts of Cambodia;
(c) Capacity-building to strengthen national institutions for criminal
investigations and law enforcement, as well as providing the equipment necessary for these
ends;
(d) The implementation of accepted universal periodic review recommendations;
(e) Assisting the assessment of progress in human rights issues;
29. Decides to extend for two years the mandate of the Special Rapporteur on the
situation of human rights in Cambodia, and requests the Special Rapporteur to report on the
implementation of her mandate to the Human Rights Council at its thirty-ninth and forty-
second sessions, and to engage in a constructive manner with the Government of Cambodia
for the further improvement of the situation of human rights in the country;
30. Requests the Secretary-General to report to the Human Rights Council at its
thirty-seventh and forty-second sessions on the role and achievements of the Office of the
High Commissioner in assisting the Government and the people of Cambodia in the
promotion and protection of human rights;
31. Decides to continue its consideration of the situation of human rights in
Cambodia at its forty-second session.
42nd meeting
29 September 2017
[Adopted without a vote.]
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IV. Decisions
36/101. Outcome of the universal periodic review: Bahrain
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Bahrain on 1 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Bahrain, comprising the report thereon of the
Working Group on the Universal Periodic Review,64 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.65
22nd meeting
21 September 2017
[Adopted without a vote.]
36/102. Outcome of the universal periodic review: Ecuador
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Ecuador on 1 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Ecuador, comprising the report thereon of the
Working Group on the Universal Periodic Review,66 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.67
22nd meeting
21 September 2017
[Adopted without a vote.]
64 A/HRC/36/3.
65 A/HRC/36/3/Add.1; see also A/HRC/36/2, chap. VI.
66 A/HRC/36/4.
67 A/HRC/36/4/Add.1; see also A/HRC/36/2, chap. VI.
A/72/53/Add.1
GE.17-18194 95
36/103. Outcome of the universal periodic review: Tunisia
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Tunisia on 2 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Tunisia, comprising the report thereon of the
Working Group on the Universal Periodic Review,68 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.69
22nd meeting
21 September 2017
[Adopted without a vote.]
36/104. Outcome of the universal periodic review: Morocco
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Morocco on 2 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Morocco, comprising the report thereon of the
Working Group on the Universal Periodic Review,70 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.71
23rd meeting
21 September 2017
[Adopted without a vote.]
68 A/HRC/36/5.
69 A/HRC/36/5/Add.1; see also A/HRC/36/2, chap. VI.
70 A/HRC/36/6.
71 A/HRC/36/6/Add.1; see also A/HRC/36/2, chap. VI.
A/72/53/Add.1
96 GE.17-18194
36/105. Outcome of the universal periodic review: Indonesia
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Indonesia on 3 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Indonesia, comprising the report thereon of the
Working Group on the Universal Periodic Review,72 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.73
23rd meeting
21 September 2017
[Adopted without a vote.]
36/106. Outcome of the universal periodic review: Finland
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Finland on 3 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Finland, comprising the report thereon of the
Working Group on the Universal Periodic Review,74 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.75
24th meeting
21 September 2017
[Adopted without a vote.]
36/107. Outcome of the universal periodic review: United Kingdom of
Great Britain and Northern Ireland
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
72 A/HRC/36/7.
73 A/HRC/36/7/Add.1; see also A/HRC/36/2, chap. VI.
74 A/HRC/36/8.
75 A/HRC/36/8/Add.1; see also A/HRC/36/2, chap. VI.
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GE.17-18194 97
Having conducted the review of the United Kingdom of Great Britain and Northern
Ireland on 4 May 2017 in conformity with all relevant provisions contained in the annex to
Council resolution 5/1,
Adopts the outcome of the review of the United Kingdom of Great Britain and
Northern Ireland, comprising the report thereon of the Working Group on the Universal
Periodic Review, 76 the views of the State concerning the recommendations and/or
conclusions made, and its voluntary commitments and replies presented before the adoption
of the outcome by the plenary to questions or issues not sufficiently addressed during the
interactive dialogue held in the Working Group.77
24th meeting
21 September 2017
[Adopted without a vote.]
36/108. Outcome of the universal periodic review: India
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of India on 4 May 2017 in conformity with all relevant
provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of India, comprising the report thereon of the
Working Group on the Universal Periodic Review,78 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.79
24th meeting
21 September 2017
[Adopted without a vote.]
36/109. Outcome of the universal periodic review: Brazil
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Brazil on 5 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Brazil, comprising the report thereon of the
Working Group on the Universal Periodic Review,80 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
76 A/HRC/36/9.
77 A/HRC/36/9/Add.1; see also A/HRC/36/2, chap. VI.
78 A/HRC/36/10.
79 A/HRC/36/10/Add.1; see also A/HRC/36/2, chap. VI.
80 A/HRC/36/11.
A/72/53/Add.1
98 GE.17-18194
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.81
24th meeting
21 September 2017
[Adopted without a vote.]
36/110. Outcome of the universal periodic review: Philippines
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of the Philippines on 8 May 2017 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of the Philippines, comprising the report thereon
of the Working Group on the Universal Periodic Review, 82 the views of the State
concerning the recommendations and/or conclusions made, and its voluntary commitments
and replies presented before the adoption of the outcome by the plenary to questions or
issues not sufficiently addressed during the interactive dialogue held in the Working
Group.83
25th meeting
22 September 2017
[Adopted without a vote.]
36/111. Outcome of the universal periodic review: Algeria
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Algeria on 8 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Algeria, comprising the report thereon of the
Working Group on the Universal Periodic Review,84 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.85
25th meeting
22 September 2017
[Adopted without a vote.]
81 A/HRC/36/11/Add.1; see also A/HRC/36/2, chap. VI.
82 A/HRC/36/12.
83 A/HRC/36/12/Add.1; see also A/HRC/36/2, chap. VI.
84 A/HRC/36/13.
85 A/HRC/36/13/Add.1; see also A/HRC/36/2, chap. VI.
A/72/53/Add.1
GE.17-18194 99
36/112. Outcome of the universal periodic review: Poland
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of Poland on 9 May 2017 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Poland, comprising the report thereon of the
Working Group on the Universal Periodic Review,86 the views of the State concerning the
recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.87
25th meeting
22 September 2017
[Adopted without a vote.]
36/113. Outcome of the universal periodic review: Netherlands
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of the Netherlands on 10 May 2017 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of the Netherlands, comprising the report thereon
of the Working Group on the Universal Periodic Review, 88 the views of the State
concerning the recommendations and/or conclusions made, and its voluntary commitments
and replies presented before the adoption of the outcome by the plenary to questions or
issues not sufficiently addressed during the interactive dialogue held in the Working
Group.89
26th meeting
22 September 2017
[Adopted without a vote.]
36/114. Outcome of the universal periodic review: South Africa
The Human Rights Council,
Acting in compliance with the mandate entrusted to it by the General Assembly in its
resolution 60/251 of 15 March 2006, and with Human Rights Council resolutions 5/1 of 18
June 2007 and 16/21 of 21 March 2011, and President’s statement PRST/8/1 of 9 April
2008, on the modalities and practices for the universal periodic review process,
Having conducted the review of South Africa on 10 May 2017 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
86 A/HRC/36/14.
87 A/HRC/36/14/Add.1; see also A/HRC/36/2, chap. VI.
88 A/HRC/36/15.
89 A/HRC/36/15/Add.1; see also A/HRC/36/2, chap. VI.
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100 GE.17-18194
Adopts the outcome of the review of South Africa, comprising the report thereon of
the Working Group on the Universal Periodic Review,90 the views of the State concerning
the recommendations and/or conclusions made, and its voluntary commitments and replies
presented before the adoption of the outcome by the plenary to questions or issues not
sufficiently addressed during the interactive dialogue held in the Working Group.91
26th meeting
22 September 2017
[Adopted without a vote.]
36/115. Extension of the mandate of the independent international fact-
finding mission on Myanmar
At its 41st meeting, on 29 September 2017, the Human Rights Council decided to
adopt the text below:
“The Human Rights Council,
Recalling its resolution 34/22 of 24 March 2017, in which the Human Rights
Council mandated the independent international fact-finding mission to establish the
facts and circumstances of the alleged recent human rights violations by military and
security forces, and abuses, in Myanmar,
Noting the concerns expressed by the Secretary-General and the United
Nations High Commissioner for Human Rights,
Expressing grave concern at the recent reports of serious human rights
violations and abuses in Myanmar, in particular in Rakhine State, and calling for an
end to the violence,
Calling for full and unhindered humanitarian access and for the prompt, safe
and voluntary return of all refugees and displaced persons,
Reiterating its encouragement to the Government of Myanmar to cooperate
fully with the fact-finding mission, and stressing the need to grant it full,
unrestricted and unmonitored access to all areas and interlocutors,
Taking into account the delays in its operationalization and the significant
additional workload created since the adoption of resolution 34/22,
1. Decides to extend the mandate of the independent international fact-
finding mission, and to request it to present an oral update to, to be followed by an
interactive dialogue with, the Human Rights Council at its thirty-seventh session, to
submit its final report for consideration by the Council at its thirty-ninth session, to
be followed by an interactive dialogue, and to present that report also to the General
Assembly at its seventy-third session;
2. Requests the Secretary-General and the United Nations High
Commissioner for Human Rights to provide the fact-finding mission with the
assistance, resources and expertise necessary to fulfil its mandate.”
[Adopted without a vote.]
90 A/HRC/36/16.
91 A/HRC/36/16/Add.1; see also A/HRC/36/2, chap. VI.
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GE.17-18194 101
V. President’s statement
PRST 36/1. Reports of the Advisory Committee
At the 42nd meeting, held on 29 September 2017, the President of the Human Rights
Council made the following statement:
“The Human Rights Council, recalling its resolutions 5/1 of 8 June 2007 and 16/21 of 25 March 2011, in particular section III of the annexes thereto, including on
the functions of the Advisory Committee, takes note of the reports of the Advisory
Committee on its eighteenth and nineteenth sessions,92 and notes that the Advisory
Committee has made a research proposal.”
92 A/HRC/AC/18/2 and A/HRC/AC/19/2.
GE.17-18194(E)