41st session of the Human Rights
Council
Opening statement by UN High
Commissioner for Human Rights
Michelle Bachelet
24 June 2019
Distinguished President of the
Council,
Your Excellencies, President Rumen
Radev of Bulgaria and President Hilda Heine of the Marshall Islands,
Distinguished Ministers,
Excellencies,
Director-General Møller,
Colleagues and Friends,
The eyes of the world are on the
Council as this June session opens. Over 100 reports are due to be examined.
Panel discussions will delve deeply into many human rights situations and
themes. They include topics crucial to women’s enjoyment of human rights in the
context of work, old age and climate change; targeted surveillance and the
private surveillance industry; mental health; and other essential areas of
political, civil, economic, social and cultural rights. There will also be
interactive dialogues regarding the Democratic Republic of the Congo, Myanmar, Sudan and Venezuela, among many
other issues. I will review aspects of my mission last week to Venezuela during
our dialogue on 5 July.
Let me begin this morning by
discussing a question that is currently not being given adequate consideration
by many actors.
Following the collapse of ISIL,
over 55,000 suspected Daesh fighters and their families have been detained in
Syria and Iraq. The majority of those individuals are Syrian or Iraqi. They
also include foreign alleged fighters from nearly 50 countries, and over 11,000
suspected family members of foreign Daesh fighters being held at the Al Hol
camp in north-eastern Syria, in deeply sub-standard conditions. UNICEF
estimates there are 29,000 children of foreign fighters in Syria – 20,000 from
Iraq – most of them under the age of 12.
It must be clear that all
individuals who are suspected of crimes – whatever their country of origin, and
whatever the nature of the crime – should face investigation and prosecution,
with due process guarantees. Accountability, with fair trials, protects
societies from future radicalisation and violence. Betrayals of justice,
following flawed trials – which may include unlawful and inhumane detention,
and capital punishment – can only serve the narrative of grievance and revenge.
And the continuing detention of
individuals not suspected of crimes, in the absence of lawful basis and regular
independent judicial review, is not acceptable.
Regarding the alleged fighters, well
over 150 men and women have been sentenced to death in Iraq under the
anti-terrorism law, following trials which have not afforded adequate due
process guarantees.
States have important
responsibilities for their own nationals. If citizens are suspected of
committing serious crimes in another country, or detained on any grounds, the
State of origin should make all efforts to ensure that they will be treated in
accordance with international law.
Thousands of family members of
alleged Daesh fighters are also being detained, although they are largely not
being held for prosecution purposes. The majority are Iraqi and Syrian. Many
are at risk of revenge attacks, and are unwanted by their former communities.
There is a great need for programmes to assist their rehabilitation and
reintegration.
Foreign family members should be
repatriated, unless they are to be prosecuted for crimes in accordance with
international standards. Children, in particular, have suffered grievous
violations of their rights – including
those who may have been indoctrinated or recruited by ISIL to perpetrate
violent acts. The primary consideration must be their rehabilitation,
protection and best interests.
Despite the complexity of these
challenges, rendering people stateless is never an acceptable option. But the
measures taken by some States of origin to strip individuals of their
nationality, in order to prevent their return, run the risk of exactly that
result. Children who are stateless are often deprived of education, access to
health care and other basic elements of dignity. To inflict statelessness on
children who have already suffered so much is an act of irresponsible cruelty.
Moreover, thousands of young children have been born to foreign families during
the years of conflict, and States should provide the same access to nationality
for children born to their nationals in conflict zones as is otherwise
applicable.
A few countries have made efforts
to repatriate some nationals, notably children. I also note that four cases
have been brought to the attention of the Committee on the Rights of the Child,
and the Committee against Torture, by the French grandparents of children
currently being held in Syria or Iraq.
I strongly encourage Member States
to act in line with the guidance note prepared by my Office, in consultation
with other UN entities, regarding human rights-based responses to the situation
of foreign fighters and their families. I urge all States to assume
responsibility for their nationals, and to work together to provide resources
to help the relevant authorities and actors in Syria and Iraq to address urgent
humanitarian needs.
Mr President,
The recent and continuing military
escalations in Syria – in Idlib and western Aleppo – are of extreme concern.
The Office has received reports of hundreds of ongoing civilian casualties and
destruction to civilian infrastructure, including hospitals and schools, mainly
caused by air strikes by the Government of Syria and its allies, but also, to a
lesser extent, ground-based attacks by armed groups. Over 200,000 people have
been displaced; many of them had already been forced to leave their homes
elsewhere in Syria, and are by now completely destitute. If conflict
intensifies further, the impact on civilians could be devastating, particularly
in Idlib City. It could also harm prospects for the political process.
All necessary measures must be
taken to ensure the protection of civilians, and I urge all parties to the
conflict to immediately cease the use of heavy weaponry in densely populated
areas. I also urge all parties to release the many thousands of Syrians held in
appalling conditions of detention, with a high risk of torture.
I regret Saudi Arabia's dismissal
of last week's report by the Special Rapporteur on extrajudicial, summary or
arbitrary executions. I also reiterate my strong condemnation of the mass
execution of 37 men in April. Some were children when the alleged crimes
occurred.
Iran continues to sentence children
to death. I was appalled that the authorities sentenced and executed two boys
under the age of 18 in April. I remain particularly concerned about the high
number of child offenders on death row – possibly more than 85 individuals –
with some at risk of imminent execution.
I take this opportunity to note and
commend global progress with respect to the death penalty in this year, which
marks the 30th anniversary of the Second Optional Protocol to the International
Covenant on Civil and Political Rights, aiming at the abolition of the death
penalty. The advances include recent ratifications by Gambia and State of
Palestine; removal of the death penalty from the penal codes of Benin and
Burkina Faso; and declarations of moratoria in Malaysia and the State of
California.
Mr President,
In Tunisia earlier this month, I
commended the Government’s commitment to enacting reforms that strengthen
democracy, rule of law and respect for human rights. Tunisia can be an example
for many other countries striving to achieve constitutional and legislative
reforms, as well as transitional justice.
Many of my discussions there, in
Silicon Valley, Montreal and elsewhere have emphasised the need for us to
address the human rights challenges raised by digital technology, as it
transforms almost all sectors of every economy and society – from health care;
to education; the workplace; human rights activism; political participation;
and development.
The human rights framework will be
essential to ensuring that responses by technology companies and governments
effectively address challenges such as massive and arbitrary surveillance; the
safety of human rights defenders, journalists and others who rely on encryption
and anonymity; maintaining freedoms of expression, association, and assembly
online while addressing incitement to hatred and violence; countering the
promotion of terrorism online in accordance with human rights standards;
addressing the damaging bias in access to healthcare, employment and insurance
introduced by artificial intelligence and big data; increasing threats of
cyberattacks and cybercrime; and interference in elections through
disinformation campaigns powered by digital tools.
A few days ago, the
Secretary-General’s High-level Panel on Digital Cooperation underscored the
“urgent need to examine how time-honoured human rights frameworks and
conventions…can guide actions and policies relating to digital cooperation and
digital technology”.
Technological developments need to
drive progress and hope – not discrimination, repression and despair. As
international human rights bodies and champions, it is our role to assist all
actors in the digital landscape so that their work promotes the rights, freedom,
well-being and dignity of everyone – instead of damaging them.
In the coming months my Office will be
engaging with many voices across sectors and geographies to develop focused
guidance on the application of the UN Guiding Principles on Business and Human
Rights to digital technologies. I look to Member States and to the Council for
their ideas and support.
Mr President,
In this context, I also want to
highlight my concerns about violence, and the incitement of violence, on the
basis of religion – both in what is now known as the real world, and online. In
recent months we have seen Muslim mosques, Jewish synagogues and Christian
churches attacked by gunmen; and worshippers of many faiths subjected to
violent attacks.
In Sri Lanka, I am concerned that
the terrorist attacks two months ago have fuelled increasing tensions. The lack
of a unified approach between the President and Government regarding key human
rights concerns risks adverse impact on the effectiveness of the security
forces in ensuring safety and protection for all. I am disturbed by reports of
anti-Muslim attacks; recent statements by some religious leaders inciting
violence constitute worrying early warning indicators that should be addressed.
While some counter-terrorism measures are warranted, the state of emergency
should be of minimal duration, and a priority should be given to bringing
political, religious and other community leaders together to address root
causes of all forms of violence and discrimination. In this context, I express
my support to the Human Rights Commission of Sri Lanka for its commendable and
courageous role.
Attacks on religious minorities are
attacks on all of us. One does not need to be a believer to respond to the
deeply humane values, and human bonds, which are expressed in religious faith.
And while these waves of violence may begin with attacks on one minority,
history teaches us that they are likely to engulf all of society.
We must be more vigilant in the
face of the hatred and violent extremism which feed off each other. But we need
to act both with great urgency and great care. As the new UN Strategy and
Action Plan on Hate Speech emphasises, the misuse of excessively broad
restrictions on freedom of speech may lead to silencing critics and the
intensification of attacks on the press and human rights advocates.
Mr President,
I am convinced that strong
partnership across multiple sectors is a key that can unlock effective policy
change. Over recent months, we have worked with the International Labour
Organisation and the International Monetary Fund to help address inequalities
through social justice, including universal social protection measures that are
rooted in human rights.
Social protection is a fundamental
right, and it is also an essential safety net. Measures to provide security and
protection are indispensable for conflict prevention and sustainable
development. Particularly in times of turbulence and crisis, they enable people
to secure at least minimal enjoyment of the rights to health, food, water and
sanitation, education and housing.
I note and applaud the
International Monetary Fund’s new strategic commitment to helping countries
make their social spending "adequate, efficient and sustainably
financed." As the IMF Managing Director Christine Lagarde said last week,
“Social spending is not just an expense, but rather can be among the wisest of
investments…To reap the rewards of a stronger global economy, societies must
begin by strengthening social programmes today.”
We will continue to work with
partners within the UN, as well as with civil society, to provide Member States
with advice for social protection systems that respond to the specific needs of
their people.
Mr President,
My mission to Cameroon last month
took place in a context of intensifying crisis, including in the North-West and
South-West regions of the country, as well as increasing restrictions on the
democratic space. The authorities expressed openness to finding human
rights-based solutions to the challenges facing the country, including through
possible technical cooperation in the military, security and justice sectors.
A number of positive signals
followed that mission, including visits and discussions by the Prime Minister
in the North-West and South-West regions. However, there have also been reports
of extensive burning of houses and shops by security forces in Bamenda, and at
least one extrajudicial killing; as well as other reports of human rights
abuses by separatist armed groups, including burning of houses, crops and
granaries. Furthermore, the arrest of over 350 people following demonstrations
organised by the opposition on 1 June is disturbing.
I call on the authorities to uphold
the rights to freedom of expression and peaceful assembly, and to ensure due
process. I also encourage the authorities to view the opposition as partners in
the broadly inclusive dialogues which will be indispensable to laying the
foundation for sustainable peace in Cameroon; and to promptly investigate all
allegations of human rights violations by the security forces.
Mr President,
The inspiring and peaceful popular
uprising in Sudan, with its call for democratic governance and justice, has
been met with a brutal crackdown by the security forces this month. I regret
that the Government has not responded to our request for access to investigate
allegations of serious human rights violations by the joint security forces
during the crackdown. They include reports that more than 100 protestors were
killed, and many more injured, during and following the assault by security
forces on a peaceful sit-in on 3 June. In addition, hospitals and clinics were
reportedly raided, and medical staff assaulted. We have received allegations of
rape and sexual abuse of both women and men during the crackdown, as well as
information alleging that hundreds of protestors may be missing.
I urge Sudan to grant access to my
Office; to put an end to the repression of the people's human rights; and to
immediately end the Internet shutdown. The Sudanese people are entitled to
express their opinions, and – like people everywhere – they have a right to
live in freedom and at peace, enjoying the rule of law and the conditions
necessary to dignity.
Mr President,
In Myanmar, evidence indicates
continuing persecution of the remaining Rohingya people in northern Rakhine
State, with little or no effort by the authorities to create conditions for the
voluntary, safe and sustainable return of refugees. Although restrictions on
humanitarian and media access in both Rakhine and in Chin State limit our
access to information, the ongoing conflict there has included use of heavy
weaponry, airstrikes and helicopter gunships by the military, with significant
loss of life on all sides and severe impact on civilians. Based on allegations
received, we fear that the conflict is being used as a pretext to carry out
attacks against Rohingya civilians, and to cause further displacement. Some
35,000 ethnic Rakhine, Rohingya, Mro, Daignet and Khamee civilians have been
internally displaced by fighting. The suspension of humanitarian aid by the
government means at least 95,000 people have been cut off from life-saving
assistance.
Mr President,
In Hong Kong, I commend the sound
decision of the authorities to delay passage of the bill regarding extradition,
in response to the massive display of civic activism by a large proportion of
the population. I encourage the authorities to consult broadly before passing
or amending this, or any other, legislation. I continue to raise issues related
to Xinjiang and other matters bilaterally with the Government of China, and
discussions concerning unfettered access to the province by my Office are
ongoing.
Mr President,
Human rights violations are fuelled
by impunity. And impunity is founded on mistruth: on failures to recognise
direct facts – who pulled the trigger – as well as the fundamental humanity and
rights of victims.
Both in Panama last month, and in
Mexico, in April, I was pleased to witness important steps towards
truth-telling and acknowledgment of the bitter realities of human rights
violations.
In recent decades, victims,
activists, members of Truth Commissions and political leaders across Latin
America have struggled successfully to advance reconciliation and transitional
justice. But today we are witnessing a worrisome trend of denial of the facts,
even extending to the passage of laws intended to undo the progress made in
seeking justice. Amnesty legislation was passed in Nicaragua earlier this
month, and attempts have been made recently to pass de facto amnesty laws in
Guatemala and El Salvador. Once again, I urge these and all other countries not
to adopt regulations that prevent serious human rights violations from being
prosecuted and duly punished.
In Mexico, I was encouraged by the
President's acknowledgement of the need to take action regarding reports of
torture, extrajudicial killings and other human rights violations which have
taken place in an atmosphere of wide-ranging impunity, including the very large
number of outstanding cases of enforced disappearance.
As you are aware, my Office will
now be working with the new Commission for Truth and Access to Justice in the
Ayotzinapa cases, providing technical assistance to seek the truth and ensure
justice for the disappearance of 43 students in 2014. We will also assist the
government's National Search Commission and the National Search System to
identify the 26,000 unidentified bodies which have been uncovered to date.
To nurture victims' trust in the
authorities, I encourage measures to strengthen the independence and funding of
the Attorney General’s Office. We will
work with the authorities to ensure the civil nature of the national guard, and
to devise measures to address Mexico's alarming number of attacks on
journalists and human rights defenders.
Mr President,
My Office is following the
situation of human rights in the Philippines very closely. The extraordinarily
high number of deaths – and persistent reports of extrajudicial killings – in
the context of campaigns against drug use continue. Even the officially confirmed
number of 5425 deaths would be a matter of most serious concern for any
country. I welcome the recent statement by Special Rapporteurs calling for
action by the Council. There should also be comprehensive and transparent
information from the authorities on the circumstances around the deaths, and
investigations related to allegations of violations. These could dispel any
false allegations and help regain trust for the authorities.
Human rights defenders, including
activists for land rights and the rights of indigenous peoples; journalists;
lawyers; members of the Catholic clergy; and others who have spoken out –
notably the Special Rapporteur on the rights of indigenous peoples – have
received threats, sometimes publicly, from senior Government officials. This
creates a very real risk of violence against them, and undermines rule of law,
as well as the right to freedom of expression.
Mr President,
In Portugal, where I attended an
encouraging conference on drug policies and harm reduction, I also benefited
from informative discussions on migration. Portugal's open and forward-looking
migrant policy aims to offer migrants easy access to social and legal
assistance and encourages migrants to access the labour market. I visited a
centre in Lisbon which offered free pre-school classes, alongside training
courses and other support to migrant women aiming to set up their own
companies.
Ensuring that migrants are included
and integrated brings many benefits for host communities, including net
financial contributions: Portugal's High Commissioner for Migration informed me
that in 2017, migrants contributed 510 million euros more to the social
security system than they took out.
I invite all countries to consider
learning from this example. Despite extensive disinformation campaigns
regarding the supposedly damaging impact of migration on destination countries,
close attention to the facts indicates that when their dignity and rights are
respected, migrants can be strong drivers of successful economies and
societies. We should recognize and cherish these contributions.
Instead, I observe a deeply
unfortunate trend towards the criminalisation of basic human compassion for
migrants, including those in situations of great vulnerability. The NGO Open
Democracy reported last month that over 100 ordinary people in Europe have been
arrested or prosecuted this year for acts such as feeding hungry migrants;
helping them find shelter; or even assisting a pregnant woman to get to
hospital to give birth. Similar prosecutions of ordinary people seeking to help
individuals in distress have also taken place in the United States and
elsewhere. Moreover, in several countries, new legal measures aim to penalise
NGOs which rescue people drowning at sea.
Measures such as these clearly put
the lives of children, women and men at risk. But they also put our societies
at risk. They violate ancient and precious values that are common to us all, by
penalizing compassion. Those who seek to help people in need should be
honoured, not prosecuted. Caring should not be considered a crime, and this
criminalisation of acts of basic human decency must be resisted. We have, all
of us, a right – and even a duty – to help each other.
In Libya, the surge of conflict
around Tripoli, which began in April, has serious impact on civilians, and
migrants continue to be subjected to arbitrary detention in shocking and
degrading conditions. I have received reports of many recent deaths in
detention, as well as torture, sexual violence, and the trafficking and sale of
children, women and men. Libya is not a port of safe return. The international
community must come together to support pathways to sustainable peace in the
country.
Mr President,
This Council is committed to
upholding all human rights for all human beings. All of us are aware of the
fundamental benefit that human rights measures can deliver to all countries –
and perhaps especially, to fragile States in need of a political, economic and
social foundation that is stable and inclusive.
At the UN headquarters in New York,
I was particularly glad to have the opportunity to brief the Security Council
on Haiti, where accountability for violations, and measures to ensure the
broadest possible participation in decisions, are essential to building trust,
preventing further human rights violations, and enabling a sustainable future.
Mr President,
In the coming months, the
international community will come together for a series of crucial meetings on
measures to stem climate change and boost sustainable development.
Only principled, multilateral
action can adequately address these and other challenges. This Council and its
Special Procedures; the Treaty Bodies – and, I believe, the Office – can be
proud of the work we do to uphold human rights. Our monitoring, assistance and
advocacy offers States immediate and long-term dividends in prevention of
conflict and promotion of development and peace. I urge Member States to
support this work by all UN human rights bodies.
I encourage all States to stand for
countries that are strong, not because they attack the vulnerable, but because
they protect the vulnerable. I urge them to stand for Governments that are
powerful because they serve the people, not themselves. For justice systems
that have the people's support because they support the people's rights. To
stand for a world which is based on hope and dignity – a world that has a
future, which is stronger, and safer, because it upholds the civil, political,
economic, social and cultural rights of all.
I thank you Mr President.
For more information and media
requests, please contact: Rupert Colville - + 41 22 917 9767 /
rcolville@ohchr.org or Marta Hurtado - + 41 22 917 9466 / mhurtado@ohchr.org
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