The 46th session of the UN Human Rights Council, from 22 February to 23 March 2021, will consider issues including the protection of human rights defenders, systemic racism, police brutality and violence against peaceful protests-particularly in the United States of America-, freedom of religion or belief, protection and promotion of human rights while countering terrorism, the right to food, among others. It will also hold dedicated debates on grave human rights situations in States including Nicaragua, Venezuela, Occupied Palestinian Territory including East Jerusalem, Syria, South Sudan, Sri Lanka, Burundi, Iran, the Democratic People’s Republic of Korea, Myanmar, Eritrea, among many others. Here’s an overview of some of the key issues on the agenda.
The UN Human Rights Council (the Council) will hold its 46th regular session at Palais des Nations in Geneva from 22 February to 23 March 2021.
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During the session, follow the live-updated programme of work on Sched.
According to the Bureau minutes of 18 February 2021: “Concerning the participation of NGOs in general debates, the Bureau reiterated the importance of having civil society participate in the general debates of the 46 th session and acknowledged the concerns that had been expressed to the President during her meetings with groups of States and NGOs. The Bureau thus agreed that, given the current exceptional circumstances related to COVID-19, NGOs in consultative status with the ECOSOC should be invited to submit pre-recorded video statements for the general debates of the 46 th session, in addition to the interactive dialogues, panel discussions and UPR adoptions for which pre-recorded video statements were already possible during the 45 th session. The Bureau further agreed that the list of speakers for NGOs for each of the general debates should be set based on the average number of NGOs that participated in each of the general debates in the last three March sessions of the Council (the 37 th , 40 th and 43 rd sessions). Moreover, NGOs should be provided the opportunity to indicate their priority when making their registration in orderto prioritize their placement in their preferred general debates.
The Bureau regretted that once again side events cannot take place inside the Palais des Nations during the 46 th session as a result of the current COVID-19-related restrictions. Recalling that in-person side events were included in the Bulletin of Informal Meetings prior to the COVID-19 pandemic, the Bureau agreed that for the sole purpose of information-sharing, virtual side events that would be organized by NGOs in parallel to the 46 th session could be listed on the OHCHR civil society webpage along with a statement indicating that the events are not official Council events.”
On 22 February, the Council approved the above modalities proposed by the Bureau. Read here the information note by the Secretariat which is updated according to latest information, and an additional explainer by HRC-net, also available in Arabic, French and Spanish (to be updated).
The High Commissioner will present her report on the impact of the COVID-19 pandemic on the enjoyment of human rights around the world at the 46th session, as mandated by the presidential statement, or PRST, adopted by the Council in May 2020.
The pandemic – and States’ response to it – has presented various new challenges and threats for those defending human rights. The pandemic has exposed and deepened existing discrimination, violence and other violations. Governments have used COVID as a pretext for further restricting fundamental rights, including through the enactment of legislation, and specific groups of defenders – including WHRDs and LGBTI rights defenders – have lost their livelihoods, access to health services have reduced and they have been excluded from participating in pandemic responses. Action to address the pandemic must be comprehensive and systemic, it must apply a feminist, human rights-based, and intersectional lens, centred on non-discrimination, participation and empowerment of vulnerable communities. Last March ISHR joined a coalition of 187 organisations to draw the Council’s attention to the situation of LGBTI persons and defenders in the context of the pandemic.
Here are some highlights of the session’s thematic discussions
On March 3rd and 4th, the Council will hold an interactive dialogue with the Special Rapporteur on human rights defenders on her annual report “Final warning: death threats and killings of human rights defenders”, and the country visit report of her predecessor to Peru. With a year passed since the previous Special Rapporteur Michele Forst´s visit to Peru, this is an opportunity for States to encourage Peru to engage actively with the recommendations. ISHR and its partners aim to make a statement in the debate reflecting their concerns and recommendations following the visit to Peru.
In June 2020, the Council convened a historic urgent debate on racially inspired human rights violations, systemic racism, police brutality against people of African descent and violence against peaceful protests. George Floyd’s brother, Philonise Floyd, made a historic address to the Council to establish an independent international commission of inquiry focused on the situation in the United States of America. However, the Council adopted a watered-down resolution due to enormous diplomatic pressure from the United States and other allied countries. It mandated the High Commissioner to prepare a report on systemic racism, human rights violations against Africans and people of African descent by law enforcement in the US and beyond, and governments’ responses to anti-racism protests.
ISHR, Comité Adama, association « A Qui Le Tour ? » and Mike Ben Peter’s family submitted a joint report to the High Commissioner to draw her attention to cases of police brutality that caused the deaths of two Black men in France and Switzerland: Adama Traoré in France in 2016, and Mike Ben Peter in Switzerland in 2018. The joint submission highlights the racially charged police violence and the judicial irregularities which usually surround them.
The High Commissioner will provide an oral update on the implementation of the resolution on 18 March.
Reports of cases of intimidation and reprisals against those cooperating or seeking to cooperate with the UN not only continue, but grow. Intimidation and reprisals violate the rights of the individuals concerned, they constitute violations of international human rights law and undermine the UN human rights system.
The UN has taken action towards addressing this critical issue including:
ISHR remains deeply concerned about reprisals against civil society actors who try to engage with UN mechanisms, and consistent in its calls for all States and the Council to do more to address the situation.
During its 42nd session, the Council adopted a resolution which listed key trends such as the patterns of reprisals, increasing self-censorship, the use of national security arguments and counter-terrorism strategies by States as justification for blocking access to the UN. The resolution also acknowledged the specific risks to individuals in vulnerable situations or belonging to marginalised groups, and called on the UN to implement gender-responsive policies to end reprisals. The Council called on States to combat impunity and to report back to it on how they are preventing reprisals, both online and offline.
Item 5 of the Human Rights Council’s agenda provides a key opportunity for States to raise concerns about reprisals, and for governments involved in existing cases to provide an update to the Council on any investigation or action taken toward accountability to be carried out.
During the organisational meeting held on 8 February, the President of the Council stressed the importance of ensuring the safety of those participating in the Council’s work, and the obligation of States to prevent intimidation or reprisals.
In line with previous calls, ISHR expects the President of the Human Rights Council to publicly identify and denounce specific instances of reprisals by issuing formal statements, conducting press-briefings, corresponding directly with the State concerned, publicly releasing such correspondence with States involved, and insist on undertakings from the State concerned to investigate, hold the perpetrators accountable and report back to the Council on action taken.
At this 46th session, the Council will discuss a range of economic, social and cultural rights in depth through dedicated debates with mandate holders, and consider the annual report of the Secretary-General on the question of the realization in all countries of economic, social and cultural rights. The debates with mandate holders include:
The Council will discuss a range of civil and political rights through dedicated debates with the mandate holders, including:
In addition, the Council will hold dedicated debates on the rights of specific groups including:
In addition, the Council will hold dedicated debates on interrelation of human rights and human rights thematic issues including:
A pile of evidence continues to mount, including the assessment from the UN Committee on the Elimination of Racial Discrimination, about policies of the Chinese government targeting ethnic and religious minorities, including Uyghurs, Tibetans and Mongolians. The rule of law is being further eroded in Hong Kong, as deeply-respected principles of due process and pluralistic democracy are disappearing at an alarming rate. Human rights defenders and ordinary citizens confront ongoing crackdowns on civic freedoms, pervasive censorship and lightning-fast recourse to administrative sanction, enforced disappearance and trumped-up national security charges to silence critics. – In the face of this, inaction has become indefensible.
The UN Special Procedures issued a sweeping statement in June 2020, calling for the international community to take ‘decisive action’ on the human rights situation in the country. At the March session, ISHR urges States to convey at the highest level the incompatibility of China’s actions domestically with its obligations as a new Council member, and to continue to press for transparency, actionable reporting and monitoring of the situation. Statements throughout the Council are key moments to show solidarity with individual defenders – by name – , their families, and communities struggling to survive. And finally, States should take every opportunity to support efforts by China that meaningfully seek to advance human rights – while resolutely refuting, at all stages of the process, initiatives that seek to distort principles of human rights and universality; upend the Council’s impressive work to hold States up to scrutiny; and weaken the effectiveness and impact of the Council for victims of violations and human rights defenders. Furthermore, other Council members should step up their commitments to the body’s mandate and purpose, and reject efforts by China and its partners and proxies.
The Egyptian authorities continue to systematically carry out patterns of reprisals against human rights defenders for their legitimate work, including for engagement with UN Special Procedures. These have included arbitrary arrests and detention, enforced disappearance, torture, unlawful surveillance, threats and summons for questioning by security agencies. The government’s refusal to address key concerns raised by States in its response to the UPR in March 2020 demonstrated its lack of political will to address its deep challenges and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Egypt.
In 2020, the Council continued its scrutiny over the human rights situation in Saudi Arabia. Yet, the Saudi government has failed the litmus test to immediately and unconditionally release the women’s rights activists and human rights defenders, instead they continued to prosecute and harshly sentence them for their peaceful activism. On 10 February 2021, it was reported that WHRDs Loujain Al-Hathloul, and Nouf Abdulaziz have been released conditionally from prison after spending over two and a half years in detention solely for advocating for women’s rights, including the right to drive and the dismantling of the male guardianship system. ALQST reported that WHRDs Nassima al-Sadah and Samar Badawi remain in detention and that “in a worrying development, the Public Prosecution has appealed the initial sentence issued on 25 November 2020 by the Criminal Court against al-Sadah of five years and eight months in prison, half of it suspended, seemingly with the aim of securing an even harsher sentence”.
The government’s refusal to address this key concern raised in the three joint statements demonstrates its lack of political will to genuinely improve the human rights situation and to engage constructively with the Council. ISHR reiterates its call on the Council to establish a monitoring and reporting mechanism on the human rights situation in Saudi Arabia.
On 24 February, the Council will hold an interactive dialogue on the High Commissioner’s report on Nicaragua. Despite the renewal of Resolution 43/2, the human rights situation in Nicaragua has steadily deteriorated over the last months. Civil society space has sharply shrank, due to new restrictive laws on foreign agents and counter-terrorism, while attacks against journalists and human rights defenders -the last remaining independent human rights observers – continue. The lack of an independent judiciary or NHRI further deprives victims of the possibility to seek justice and redress. Whilst the repression deepens, State inaction in the face of the Covid-19 pandemic and the passage of hurricanes have also exacerbated the ongoing humanitarian crisis and the deprivation of economic, social, and cultural rights. In light of upcoming elections in Nicaragua, ISHR urges the Council to renew and strengthen its resolution on the human rights situation in Nicaragua, laying down a clear benchmark of key steps the State should take to demonstrate its willingness to cooperate in good faith, while clearly signaling the intention to move towards international investigation and accountability should such cooperation steps not be met within the year. States should also increase support to targeted defenders and CSOs by raising in their statements the cases of student Kevin Solís, Aníbal Toruño and Radio Darío journalists, trans activist Celia Cruz, as well as the CENIDH and seven other CSOs subject to cancellation of their legal status.
Venezuela will come under the spotlight several times with oral updates from OHCHR on the situation of human rights in the country (25 February, 11 March) and an update from the international fact-finding mission on Venezuela (10 March). OHCHR is mandated to report on the implementation of the recommendations made to Venezuela, including in reports (here and here) presented last June. The fact-finding mission has started work on its renewed and strengthened 2-year mandate, despite delays in the disbursement of funds and is due to outline its plans to the Council. Intensifying threats and attacks on civil society in Venezuela since November 2020, provide a bleak context to these discussions. States should engage actively in dialogue on Venezuela, urging that recommendations be implemented – including facilitating visits from Special Rapporteurs; that the fact-finding mission be granted access to the country and that civil society be promoted and safeguarded in its essential work.
On 2 February 2021, the Supreme Court of Burundi announced its decision allegedly adopted on 23 June 2020 to sentence 12 defenders to life in prison. The date of the adoption of this decision was announced after the Court decided to defer it further to 30 June 2020 and again after that. The Court never assigned or informed the 12 concerned of the proceedings. This case was investigated and judged in the absence of all those concerned and the sentence only made public seven months after the alleged proceedings took place. Among the victims of this arbitrary procedure are renown lawyers such as Me Armel Niyongere, Vital Nshimirimana and Dieudonné Bashirahishize, who are being targeted for their engagement in the defense of victims of the 2015 repression in Burundi and for filing complaints for victims to the International Criminal Court (ICC) in The Hague. A group of civil society organisations denounced the dysfunctioning and lack of independence of judicial proceedings in the country. After confirming the 32 years sentence of defender Germain Rukuki, Burundi continues its crackdown against civil society. In addition to ensuring the continued work of the Commission of Inquiry on Burundi, members of the Council need to call on Burundi to uphold its international obligations and stop reprisals against defenders for engaging with any international mechanisms.
The Council will hold an interactive dialogue with the Commission of Inquiry on Burundi on 10 March.
The High Commissioner will provide an oral update to the Council on 25 February. The Council will consider updates, reports on and is expected to consider resolutions addressing a range of country situations, in some instances involving the renewal of the relevant expert mandates. These include:
During the organisational meeting for the 46th session held on 8 February, the President of the Human Rights Council presented the programme of work. It includes seven panel discussions. States also announced at least 28 proposed resolutions. Read here the reports presented this session.
The President of the Human Rights Council proposed candidates for the following mandates:
In view of the pending appointments, it is relevant to recall that in appointing mandate holders, the President of the Council is required to give particular attention to the need to avoid actual or perceived conflicts of interest. Mandate holders should also be genuinely committed to the independence and effectiveness of the special procedures system, and have a demonstrated commitment to civil society engagement and participation.
At the organisational meeting on 8 February the following resolutions were announced (States leading the resolution in brackets):
In a series of groundbreaking rulings in early 2024, the Inter-American Court of Human Rights and the Constitutional Court of Colombia set new precedents that significantly enhance protections for human rights defenders across Latin America.
At the 55th Human Rights Council session, civil society organisations share reflections on key outcomes and highlight gaps in addressing crucial issues and situations. Full written version below.
At a public UN review of its record, China sought to downplay mountains of UN-vetted evidence of its generalised quashing of human rights within its borders, including atrocity crimes against Uyghurs.
