37/81 Conclusions and recommendations of special procedures - Report of the Secretary-General

GE.18-01165(E)

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Human Rights Council Thirty-seventh session

26 February–23 March 2018

Agenda item 2

Annual report of the United Nations High Commissioner

for Human Rights and reports of the Office of the

High Commissioner and the Secretary-General

Conclusions and recommendations of special procedures

Report of the Secretary-General

1. The Human Rights Council, in its decision 2/102, requested the Secretary-General

and the United Nations High Commissioner for Human Rights to continue their activities in

accordance with all previous decisions adopted by the Commission on Human Rights and

to update the relevant reports and studies.

2. The Commission on Human Rights, in its resolution 2004/76, requested the

Secretary-General to issue annually conclusions and recommendations of the special

procedures so as to enable further discussion of their implementation. The Commission also

requested the High Commissioner to continue to prepare a comprehensive and regularly

updated electronic compilation of recommendations made by the special procedures by

country, where such did not yet exist. In paragraph 29 of the annex to its resolution 65/281,

the General Assembly provided that the Office of the United Nations High Commissioner

for Human Rights (OHCHR) would continue to maintain information on special procedures

in a comprehensive and easily accessible manner.

3. The Secretary-General draws the attention of the Human Rights Council to the

conclusions and recommendations included in annual reports and the relevant addenda

thereto, submitted by the special procedures to the Council in 2017 at its thirty-fourth,

thirty-fifth and thirty-sixth sessions.1

4. In 2017, special procedures mandate holders presented 137 reports to the Human

Rights Council.

1 Available on the OHCHR website at www.ohchr.org.

United Nations A/HRC/37/81

I. Thirty-fourth session of the Human Rights Council

5. At the thirty-fourth session of the Human Rights Council, 21 special procedures

mandate holders, including the holders of 15 thematic and 6 country mandates, presented

their annual reports as follows:

• Special Rapporteur on freedom of religion or belief

• Special Rapporteur on the right to food

• Special Rapporteur on the issue of human rights obligations relating to the

enjoyment of a safe, clean, healthy and sustainable environment

• Special Rapporteur on adequate housing as a component of the right to an adequate

standard of living, and on the right to non-discrimination in this context

• Special Rapporteur on the situation of human rights defenders

• Special Rapporteur on minority issues

• Special Rapporteur on torture and other cruel, inhuman or degrading treatment or

punishment

• Special Rapporteur on the sale of children, child prostitution and child pornography

• Special Rapporteur in the field of cultural rights

• Independent Expert on the effects of foreign debt and other related international

financial obligations of States on the full enjoyment of all human rights, particularly

economic, social and cultural rights

• Special Rapporteur on the rights of persons with disabilities

• Independent Expert on the enjoyment of human rights of persons with albinism

• Special Rapporteur on the right to privacy

• Special Rapporteur on the promotion and protection of human rights and

fundamental freedoms while countering terrorism

• Special Rapporteur on the promotion of truth, justice, reparation and guarantees of

non-recurrence

• Special Rapporteur on the situation of human rights in the Democratic People’s

Republic of Korea

• Independent Expert on the situation of human rights in Haiti

• Special Rapporteur on the situation of human rights in the Islamic Republic of Iran

• Independent Expert on the situation of human rights in Mali

• Special Rapporteur on the situation of human rights in Myanmar

• Special Rapporteur on the situation of human rights in the Palestinian territories

occupied since 1967

6. The Council heard an oral update from the Special Rapporteur on the situation of

human rights in Eritrea and held an interactive dialogue with the Independent Expert on the

situation of human rights in the Central African Republic.

7. Thematic special procedures mandate holders presented reports of their visits to 19

countries and territories. The Independent Expert on the effects of foreign debt and other

related international financial obligations of States on the full enjoyment of all human

rights, particularly economic, social and cultural rights presented a report on his visit to the

European Union. The Special Rapporteur on torture also presented a follow-up report on

his mission to Mexico.

8. The Special Rapporteur on minority issues presented a report containing

recommendations to the Forum on Minority Issues at its ninth session on the theme of

minorities in situations of humanitarian crises (24 and 25 November 2016).

9. The special procedures also presented a report containing communications sent by

all mandate holders between 1 June and 30 November 2016. The Special Rapporteur on the

situation of human rights defenders and the Special Rapporteur on torture presented reports

containing observations on communications transmitted to Governments and replies

received.

10. The Chair of the Coordination Committee of Special Procedures presented the report

on the 23rd annual meeting of special rapporteurs/representatives, independent experts and

the Chairs of working groups of the special procedures of the Human Rights Council,

including updated information on the special procedures. For the first time the report was

accompanied by an addendum with facts and figures on the special procedures.

II. Thirty-fifth session of the Human Rights Council

11. At the thirty-fifth session of the Human Rights Council, 19 special procedures

mandate holders, including the holders of 16 thematic mandates and three country

mandates, presented their annual reports as follows:

• Special Rapporteur on extreme poverty and human rights

• Special Rapporteur on the right of everyone to the enjoyment of the highest

attainable standard of physical and mental health

• Special Rapporteur on the independence of judges and lawyers

• Special Rapporteur on the human rights of internally displaced persons

• Special Rapporteur on the rights to freedom of peaceful assembly and of association

• Special Rapporteur on the right to education

• Special Rapporteur on the promotion and protection of the right to freedom of

opinion and expression

• Special Rapporteur on extrajudicial, summary or arbitrary executions

• Special Rapporteur on the human rights of migrants

• Special Rapporteur on trafficking in persons, especially women and children

• Special Rapporteur on violence against women, its causes and consequences

• Independent Expert on human rights and international solidarity

• Independent Expert on protection against violence and discrimination based on

sexual orientation and gender identity

• Working Group on the issue of discrimination against women in law and in practice

• Working Group on the issue of human rights and transnational corporations and

other business enterprises

• Special Rapporteur on contemporary forms of racism, racial discrimination,

xenophobia and related intolerance

• Special Rapporteur on the situation of human rights in Belarus

• Special Rapporteur on the situation of human rights in Eritrea

• Independent Expert on the enhancement of capacity-building and technical

cooperation with Côte d’Ivoire in the field of human rights

12. The Council heard an oral update from the Special Rapporteur on the situation of

human rights in Myanmar.

13. In addition, special procedures mandate holders reported on their visits to 29

countries and territories.

14. The Special Rapporteur on the promotion and protection of the right to freedom of

opinion and expression also presented supplementary materials accompanying his annual

report. In the main report he examined the role of State and non-State actors in the

provision of Internet and telecommunications access (or “digital access”) and their human

rights obligations and responsibilities respectively. In the report, he provided guidance

concerning the responsibility of digital access providers to respect freedom of expression

online.

15. The Working Group on the issue of human rights and transnational corporations and

other business enterprises presented a study on best practices and how to improve on the

effectiveness of cross-border cooperation between States, with respect to law enforcement

on the issue of business and human rights.

16. The Special Rapporteur on contemporary forms of racism, racial discrimination,

xenophobia and related intolerance presented a report on combating glorification of

Nazism, neo-Nazism and other practices that contribute to fuelling contemporary forms of

racism, racial discrimination, xenophobia and related intolerance.

17. The special procedures also presented their communications report containing

communications sent by all mandate holders between 1 December 2016 and 28 February

2017. The Special Rapporteur on the rights to freedom of peaceful assembly and of

association and the Special Rapporteur on extrajudicial, summary or arbitrary executions

presented reports containing observations on communications transmitted to Governments

and replies received.

III. Thirty-sixth session of the Human Rights Council

18. At the thirty-sixth session of the Human Rights Council, 17 special procedures

mandate holders, including the holders of 13 thematic and 4 country mandates, presented

their annual reports as follows:

• Independent Expert on the promotion of a democratic and equitable international

order

• Special Rapporteur on the implications for human rights of the environmentally

sound management and disposal of hazardous substances and wastes

• Special Rapporteur on the rights of indigenous peoples

• 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

• Independent Expert on the enjoyment of all human rights by older persons

• Special Rapporteur on the right to development

• Special Rapporteur on contemporary forms of slavery, including its causes and

consequences

• Special Rapporteur on the promotion of truth, justice, reparation and guarantees of

non-recurrence

• Special Rapporteur on the negative impact of unilateral coercive measures on the

enjoyment of human rights

• Special Rapporteur on the human right to safe drinking water and sanitation

• Working Group on Arbitrary Detention

• Working Group on Enforced or Involuntary Disappearances

• Working Group of Experts on People of African Descent

• Special Rapporteur on the situation of human rights in Cambodia

• Independent Expert on the situation of human rights in the Central African Republic

• Independent Expert on the situation of human rights in Somalia

• Independent Expert on the situation of human rights in the Sudan.

19. Special procedures mandate holders also presented reports of their visits to 13

countries and territories. In addition, the Working Group on Enforced and Involuntary

Disappearances presented a follow-up report to its missions to Chile and Spain.

20. The Working Group on Arbitrary Detention presented a report containing its revised

methods of work. The Working Group on Enforced and Involuntary Disappearances

presented a report on enforced disappearances in the context of migration. The Special

Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence

presented a global study on transitional justice.

21. The special procedures also presented their communications report, containing

communications sent by all mandate holders between 1 March and 31 May 2017.