39/L.19 National human rights institutions, inclusive societies and sustainable development
Document Type: Draft Resolution
Date: 2018 Sep
Session: 39th Regular Session (2018 Sep)
Agenda Item: Item8: Follow-up and implementation of the Vienna Declaration and Programme of Action
- Main sponsors1
- Co-sponsors76
-
- Afghanistan
- Albania
- Andorra
- Argentina
- Armenia
- Austria
- Belgium
- Botswana
- Brazil
- Bulgaria
- Canada
- Chile
- Colombia
- Costa Rica
- Croatia
- Cyprus
- Czechia
- Denmark
- Dominican Republic
- Ecuador
- Egypt
- El Salvador
- Estonia
- Fiji
- Finland
- France
- Georgia
- Germany
- Greece
- Honduras
- Hungary
- Iceland
- Iraq
- Ireland
- Italy
- Kazakhstan
- Korea, Republic of
- Latvia
- Liechtenstein
- Lithuania
- Luxembourg
- Maldives
- Malta
- Mexico
- Moldova, Republic of
- Monaco
- Mongolia
- Montenegro
- Morocco
- Myanmar
- Nepal
- Netherlands
- New Zealand
- Norway
- Panama
- Paraguay
- Peru
- Philippines
- Poland
- Portugal
- Qatar
- Romania
- Rwanda
- Slovakia
- Slovenia
- Spain
- Sri Lanka
- Sweden
- Switzerland
- Thailand
- Tunisia
- Turkey
- Uganda
- Ukraine
- United Kingdom
- Uruguay
GE.18-15611(E)
Human Rights Council Thirty-ninth session
10–28 September 2018
Agenda item 8
Follow-up to and implementation of the Vienna Declaration
and Programme of Action
Albania,* Andorra,* Australia, Austria,* Belgium, Bulgaria,* Canada,* Chile,
Colombia,* Costa Rica,* Croatia, Cyprus,* Denmark,* Georgia, Estonia,* Fiji,*
Finland,* Germany, Greece,* Honduras,* Iceland, Ireland,* Italy,* Latvia,*
Lichtenstein,* Lithuania,* Luxembourg,* Mexico, Monaco,* Montenegro,*
Netherlands,* New Zealand,* Norway,* Paraguay,* Peru, Philippines, Poland,*
Portugal,* Qatar, Republic of Korea, Republic of Moldova,* Romania,* Rwanda,
Slovakia, Slovenia, Spain, Thailand,* Tunisia, Turkey,* Ukraine, Uruguay,* United
Kingdom of Great Britain and Northern Ireland: draft resolution
39/… National human rights institutions, inclusive societies and sustainable development
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, and
recalling the Universal Declaration of Human Rights, the Vienna Declaration and
Programme of Action, and other relevant instruments,
Reaffirming that all human rights are universal, indivisible, interrelated,
interdependent and mutually reinforcing and that all human rights must be treated in a fair
and equal manner, on the same footing and with the same emphasis,
Recalling all relevant resolutions of the Human Rights Council, the General
Assembly and the Commission on Human Rights on national institutions for the promotion
and protection of human rights, including most recently Council resolution 33/15 of 29
September 2016 and Assembly resolution 72/181 of 19 December 2017,
Recalling also General Assembly resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”, in which the
Assembly adopted the outcome document of the United Nations summit for the adoption of
the post-2015 development agenda and pledged that no one would be left behind,
Recalling further General Assembly resolution 69/313 of 27 July 2015 on the Addis
Ababa Action Agenda of the Third International Conference on Financing for
Development, which is an integral part of the 2030 Agenda for Sustainable Development,
Recalling that the 2030 Agenda is guided by the purposes and principles of the
Charter, grounded in the Universal Declaration of Human Rights, international human
* State not a member of the Human Rights Council.
rights treaties, the United Nations Millennium Declaration and the 2005 World Summit
Outcome, and informed by other instruments, such as the Declaration on the Right to
Development, and recognizing, inter alia, the need to build peaceful, just and inclusive
societies that provide equal access to justice and are based on respect for all human rights,
effective rule of law and good governance at all levels and transparent, effective and
accountable institutions,
Welcoming the twenty-fifth anniversary of the Vienna Declaration and Programme
of Action, and reaffirming its statement of the important and constructive role played by
national human rights institutions, in particular in their advisory capacity to the competent
authorities, and their role in preventing, remedying and assisting victims to find remedies to
human rights violations and abuses, in the dissemination of human rights information, and
education in human rights,
Recalling the principles relating to the status of national institutions for the
promotion and protection of human rights (the Paris Principles), and welcoming the twenty-
fifth anniversary of the adoption of the Paris Principles and of the establishment of the
Global Alliance of National Human Rights Institutions,
Reaffirming the importance of, and welcoming the rapidly growing interest
throughout the world in, establishing and strengthening independent, pluralistic national
human rights institutions in accordance with the Paris Principles,
Reaffirming also the important role that such national human rights institutions play,
and will continue to play, in promoting and protecting human rights and fundamental
freedoms, strengthening participation, in particular of civil society organizations, promoting
the rule of law, developing and enhancing public awareness of those rights and fundamental
freedoms, and contributing to the prevention of human rights violations and abuses,
Encouraging greater efforts to investigate and respond to increasing reports of cases
of reprisal against national human rights institutions, their members and staff, and those
who cooperate or seek to cooperate with them,
Recognizing the role that national human rights institutions can play in preventing
and addressing cases of reprisal as part of supporting the cooperation between States and
the United Nations in the promotion of human rights, including by contributing to follow-
up actions, as appropriate, to recommendations made by international human rights
mechanisms,
Commending the important work of the Global Alliance of National Human Rights
Institutions, the Office of the United Nations High Commissioner for Human Rights and
regional networks of national human rights institutions, including the Network of African
National Human Rights Institutions, the Network of National Institutions for the Promotion
and Protection of Human Rights in the Americas, the Asia-Pacific Forum of National
Human Rights Institutions and the European Network of National Human Rights
Institutions, in support of the development and strengthening of independent and effective
national human rights institutions compliant with the Paris Principles,
Welcoming efforts to strengthen United Nations system-wide coordination in
support of national human rights institutions and their networks, including the
establishment of the tripartite partnership between the United Nations Development
Programme, the Office of the High Commissioner and the Global Alliance of National
Human Rights Institutions,1 and recognizing the potential for further cooperation in this
regard between United Nations mechanisms and processes and with national human rights
institutions,
Welcoming also the valuable participation and contribution of national human rights
institutions and their networks, including their contribution to national mechanisms for
reporting and follow-up, and with regard to follow-up to recommendations and relevant
United Nations mechanisms and processes, in accordance with their respective mandates,
1 General Assembly resolution 70/163, para. 19.
including the Human Rights Council and its universal periodic review mechanism and the
special procedures, the treaty bodies, the Expert Mechanism on the Rights of Indigenous
Peoples, the United Nations Permanent Forum on Indigenous Issues, the Commission on
the Status of Women, the Conference of States Parties to the Convention on the Rights of
Persons with Disabilities and the Open-ended Working Group on Ageing, and their
continuing efforts in support of the 2030 Agenda, and encouraging further efforts in this
regard,
Reaffirming that eradicating poverty in all its forms and dimensions, combating
inequality within and among countries, preserving the planet, creating sustained, inclusive
and sustainable economic growth and fostering social inclusion are linked to each other,
interdependent and intrinsically linked to sustainable development,
Stressing that the effective participation of all individuals in national, political,
cultural, religious, economic and social processes in their societies is of paramount
importance for their full and equal enjoyment of all human rights and contributes to conflict
prevention, stability and social cohesion, and that the lack of equal opportunities may
perpetuate the disadvantage, including the cycle of poverty, experienced acutely by persons
in vulnerable situations and marginalized groups, who may experience multiple and
intersecting forms of discrimination,
Bearing in mind that the promotion and upholding of tolerance, respect, pluralism
and diversity are essential for the promotion and protection of human rights in multicultural
contexts and, in particular, for combating racism, racial discrimination, xenophobia and
related intolerance,
Acknowledging that the promotion and protection of human rights and the
implementation of the 2030 Agenda are interrelated and mutually reinforcing, and
recognizing that the pledge to leave no one behind places the human rights principles of
equality and non-discrimination at the heart of the 2030 Agenda,
Recognizing the importance of the independent voice of national human rights
institutions in promoting and protecting all human rights, including, in accordance with
their mandates, economic, social, cultural, civil and political rights, particularly in the
context of the implementation of the 2030 Agenda, which seeks to realize the human rights
of all,
Welcoming the Mérida Declaration on the Role of National Human Rights
Institutions in Implementing the 2030 Agenda for Sustainable Development, noting that the
implementation of the 2030 Agenda is a priority under the current Strategic Plan of the
Global Alliance of National Human Rights Institutions, and acknowledging the efforts
national human rights institutions are making to connect their work, in accordance with
their respective mandates, to the implementation of the 2030 Agenda,
1. Welcomes the most recent reports of the Secretary-General submitted to the
Human Rights Council on national human rights institutions2 and on the activities of the
Global Alliance of National Human Rights Institutions in accrediting national human rights
institutions in compliance with the principles relating to the status of national institutions
for the promotion and protection of human rights (the Paris Principles);3
2. Encourages Member States to establish effective, independent and pluralistic
national human rights institutions or, where they already exist, to strengthen them to enable
the effective fulfilment of their mandate to promote and protect human rights and
fundamental freedoms for all, as outlined in the Vienna Declaration and Programme of
Action, and to do so in accordance with the Paris Principles;
3. Stresses the importance of the financial and administrative independence and
the stability of national human rights institutions for the promotion and protection of human
rights, notes with satisfaction the efforts of those Member States that have provided their
2 A/HRC/39/20.
3 A/HRC/39/21.
national human rights institutions with more autonomy and independence, including by
giving them an investigative role or enhancing such a role, and encourages other
Governments to consider taking similar steps;
4. Also stresses that national human rights institutions and their respective
members and staff should not face any form of reprisal or intimidation, including political
pressure, physical intimidation, harassment or unjustifiable budgetary limitations, as a
result of activities undertaken in accordance with their respective mandates, including when
taking up individual cases or when reporting on serious or systematic violations, and calls
upon States to promptly and thoroughly investigate cases of alleged reprisal or intimidation
against members or staff of national human rights institutions or against individuals who
cooperate or seek to cooperate with them and to bring perpetrators to justice;
5. Encourages national human rights institutions that are compliant with the
Paris Principles to continue to participate in and contribute to, including where relevant by
providing parallel reports and other information, the work of the Human Rights Council
and its universal periodic review mechanism, the special procedures and treaty bodies and
all other relevant United Nations forums, and also encourages all relevant United Nations
mechanisms and processes, including in the discussions on the implementation of the 2030
Agenda for Sustainable Development and its high-level political forum, to strengthen the
independent participation of national human rights institutions compliant Paris Principles,
in accordance with their respective mandates;
6. Welcomes the important role of the Global Alliance of National Human
Rights Institutions, in close cooperation with the Office of the United Nations High
Commissioner for Human Rights, in assessing conformity with the Paris Principles and in
assisting States and national institutions, when requested, to strengthen national human
rights institutions in accordance with such principles, also welcomes the continuing number
of national institutions seeking accreditation status through the Global Alliance of National
Human Rights Institutions, and encourages relevant national institutions, including
ombudsman institutions, to seek accreditation status;
7. Encourages the Secretary-General and all United Nations human rights
mechanisms and relevant United Nations agencies, funds and programmes, working within
their respective mandates, to continue to give high priority to requests from Member States
for assistance in the establishment and strengthening of national human rights institutions,
to work with Member States and national human rights institutions in the protection and
promotion of human rights, and to strengthen United Nations system-wide coordination in
support of national human rights institutions;
8. Recognizes the contribution that national human rights institutions have made
to the promotion, protection and prevention of violations of human rights by exercising
their mandates and functions in accordance with the Paris Principles, and encourages them
to continue to do so, including by:
(a) Independently assisting, advising and engaging with the State, and other
stakeholders, in the prevention of violations and abuses of human rights;
(b) Encouraging the ratification, and ensuring the implementation, of
international human rights treaties;
(c) Promoting legal, policy and procedural reforms, including to promote and
ensure the harmonization of national laws and practices with the international human rights
instruments to which a State is a party, and their effective implementation;
(d) Cooperating with the United Nations system, including by contributing, as
appropriate, to follow-up actions to the recommendations made by international human
rights mechanisms;
(e) Conducting and promoting practical and relevant human rights training and
education, and raising public awareness and advocacy about the promotion and protection
of human rights and efforts to combat all forms of discrimination;
(f) Working with non-governmental organizations devoted to promoting and
protecting human rights and economic and social development, combating racism, and
protecting groups subject to particular vulnerabilities, marginalization or intersecting forms
of discrimination, or specialized areas;
(g) Preparing and publicizing reports on the national situation with regard to
human rights, drawing the attention of the Government to situations in any part of the
country in which human rights are violated, making proposals to put an end to such
situations, and, where necessary, expressing an opinion on the positions and reactions of the
Government;
(h) Supporting transparent and meaningful engagement by States in regional and
international human rights forums by making contributions, in accordance with their
independent mandates, to the reports that States are required to submit to United Nations
bodies and committees and to regional institutions, pursuant to their treaty obligations;
9. Acknowledges that, in the performance of their key functions, in accordance
with their mandates and with the Paris Principles, national human rights institutions are
supporting the establishment and maintenance of inclusive societies, and in doing so can
contribute to the implementation of the 2030 Agenda, including by:
(a) Assisting States to adopt effective frameworks to promote and protect human
rights, which are applied equally to protect the rights of all individuals, without
discrimination on any grounds, including race, colour, sex, gender, age, disability,
language, religion, political or other opinion, national or social origin, property, birth or
other status;
(b) Contributing to building the capacity of States to prevent and reduce
discrimination and violence through effective national-level legislation, regulation, policies
and programmes, including those that guarantee equal access, rights and opportunities for
all, including equal access to justice and participatory decision-making;
(c) Contributing to the progressive realization of economic, social and cultural
rights for all;
(d) Contributing to the elimination of all forms of discrimination and violence
against women and gender-based violence;
(e) Contributing to the fight against racism, racial discrimination, xenophobia
and other related intolerance, all forms of hate speech, and religious intolerance and its
manifestations, including hate crimes and incitement to hatred, and fostering cohesive
societies that respect and celebrate diversity and multiculturalism;
(f) Contributing to addressing multiple and intersecting forms of discrimination
that can increase the vulnerability to violence and discrimination of people with disabilities,
indigenous peoples, refugees and migrants, people who are socioeconomically
disadvantaged, persons belonging to national or ethnic, religious and linguistic minorities,
and other individuals in vulnerable situations or belonging to marginalized groups;
(g) Working with businesses to fulfil their responsibility to respect human rights
and support the dissemination and implementation of the Guiding Principles on Business
and Human Rights;
10. Encourages all States and national human rights institutions to continue to
take appropriate steps to maintain a legislative or policy framework compliant with the
Paris Principles, and to promote cooperation, the exchange of information, the sharing of
experience and the dissemination of best practices concerning the establishment and
effective operation of national human rights institutions, including their contribution to the
establishment and maintenance of inclusive societies and implementation of the 2030
Agenda;
11. Invites national human rights institutions to include in their cooperation the
exchange of best practices on strengthening their liaison role between civil society and their
Governments;
12. Requests the Office of the High Commissioner to continue and to strengthen
its work with national human rights institutions, including through technical cooperation,
capacity-building activities and advice, and urges the High Commissioner to ensure that
appropriate arrangements are made and budgetary resources are provided to continue and
further extend activities in support of national human rights institutions, including through
increased support for the work of the Global Alliance of National Human Rights
Institutions and its regional networks, and invites Governments to contribute additional
voluntary funds to that end;
13. Also requests the Office of the High Commissioner to convene, in close
coordination with the Global Alliance of National Human Rights Institutions, on the
margins of the 2019 annual meeting of the Global Alliance of National Human Rights
Institutions, an intersessional, half-day consultation, open to all States, national human
rights institutions, civil society organizations and other relevant stakeholders, with the
objective of exchanging the experiences and practices of national human rights institutions
in working to support the establishment and maintenance of inclusive societies and the
implementation of the 2030 Agenda, and further requests the Office of the High
Commissioner to submit to the Human Rights Council, at its forty-first session, a summary
report of the consultation;
14. Requests the Secretary-General to submit to the Human Rights Council, at its
forty-fifth session, a report on the implementation of the present resolution, which includes
examples of best practices among national human rights institutions, and a report on the
activities of the Global Alliance of National Human Rights Institutions in accrediting
national institutions in compliance with the Paris Principles.