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A/75/53

United Nations

Report of the Human Rights


Council

Organizational session
(6 December 2019)
Forty-third session
(24 February–13 March and 15–23 June 2020)
Forty-fourth session
(30 June–17 July 2020)

General Assembly
Official Records
Seventy-fifth Session
Supplement No. 53
A/75/53

General Assembly
Official Records
Seventy-fifth Session
Supplement No. 53

Report of the Human Rights Council

Organizational session
(6 December 2019)
Forty-third session
(24 February–13 March and 15–23 June 2020)
Forty-fourth session
(30 June–17 July 2020)

United Nations • New York, 2020


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/75/53

Contents
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. President’s statement adopted at the organizational session ......................................................... 12
IV. Forty-third session ......................................................................................................................... 14
A. Resolutions ........................................................................................................................... 14
B. Decisions .............................................................................................................................. 140
C. President’s statement ............................................................................................................ 148
V. Forty-fourth session ...................................................................................................................... 150
A. Resolutions ........................................................................................................................... 150
B. Decisions .............................................................................................................................. 222
Index of topics considered by the Human Rights Council in its resolutions, decisions
and President’s statements ............................................................................................................ 223

GE.20-11008 (E) iii


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Checklist of resolutions, decisions and President’s statements

A. Resolutions

Resolution Title Date of adoption Page

43/1 Promotion and protection of the human rights and fundamental 19 June 2020 14
freedoms of Africans and of people of African descent against
excessive use of force and other human rights violations by law
enforcement officers
43/2 Promotion and protection of human rights in Nicaragua 19 June 2020 16
43/3 Ensuring accountability and justice for all violations of 19 June 2020 18
international law in the Occupied Palestinian Territory,
including East Jerusalem
43/4 Freedom of opinion and expression: mandate of the Special 19 June 2020 21
Rapporteur on the promotion and protection of the right to
freedom of opinion and expression
43/5 Birth registration and the right of everyone to recognition 19 June 2020 22
everywhere as a person before the law
43/6 Human rights of migrants: mandate of the Special Rapporteur 19 June 2020 26
on the human rights of migrants
43/7 Right to work 19 June 2020 27
43/8 Rights of persons belonging to national or ethnic, religious and 19 June 2020 32
linguistic minorities: mandate of the Special Rapporteur on
minority issues
43/9 Promotion of the enjoyment of the cultural rights of everyone 19 June 2020 35
and respect for cultural diversity
43/10 Mandate of the Independent Expert on the effects of foreign debt 19 June 2020 37
and other related international financial obligations of States on
the full enjoyment of all human rights, particularly economic,
social and cultural rights
43/11 The right to food 19 June 2020 39
43/12 Freedom of religion or belief 19 June 2020 43
43/13 Mental health and human rights 19 June 2020 46
43/14 Adequate housing as a component of the right to an adequate 19 June 2020 51
standard of living, and the right to non-discrimination in this
context
43/15 The negative impact of unilateral coercive measures on the 22 June 2020 54
enjoyment of human rights
43/16 Mandate of the Special Rapporteur on the situation of human 22 June 2020 60
rights defenders
43/17 Regional arrangements for the promotion and protection of 22 June 2020 61
human rights
43/18 Promoting human rights through sport and the Olympic ideal 22 June 2020 62
43/19 Promotion and protection of human rights and the 22 June 2020 66
implementation of the 2030 Agenda for Sustainable
Development

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Resolution Title Date of adoption Page

43/20 Torture and other cruel, inhuman or degrading treatment or 22 June 2020 68
punishment: mandate of the Special Rapporteur
43/21 Promoting mutually beneficial cooperation in the field of 22 June 2020 70
human rights
43/22 Mandate of the Special Rapporteur on the sale and sexual 22 June 2020 73
exploitation of children, including child prostitution, child
pornography and other child sexual abuse material
43/23 Awareness-raising on the rights of persons with disabilities, 22 June 2020 74
and habilitation and rehabilitation
43/24 Situation of human rights in the Islamic Republic of Iran 22 June 2020 79
43/25 Situation of human rights in the Democratic People’s Republic 22 June 2020 80
of Korea
43/26 Situation of human rights in Myanmar 22 June 2020 87
43/27 Situation of human rights in South Sudan 22 June 2020 94
43/28 Situation of human rights in the Syrian Arab Republic 22 June 2020 2
43/29 Prevention of genocide 22 June 2020 98
43/30 Human rights in the occupied Syrian Golan 22 June 2020 104
43/31 Israeli settlements in the Occupied Palestinian Territory, 22 June 2020 106
including East Jerusalem, and in the occupied Syrian Golan
43/32 Human rights situation in the Occupied Palestinian Territory, 22 June 2020 113
including East Jerusalem
43/33 Right of the Palestinian people to self-determination 22 June 2020 119
43/34 Combating intolerance, negative stereotyping and 22 June 2020 121
stigmatization of, and discrimination, incitement to violence
and violence against, persons based on religion or belief
43/35 Mandate of the Intergovernmental Working Group on the 22 June 2020 124
Effective Implementation of the Durban Declaration and
Programme of Action
43/36 Mandate of the Special Rapporteur on contemporary forms of 22 June 2020 125
racism, racial discrimination, xenophobia and related
intolerance
43/37 Cooperation with Georgia 22 June 2020 126
43/38 Technical assistance and capacity-building for Mali in the field 22 June 2020 128
of human rights
43/39 Technical assistance and capacity-building to improve human 22 June 2020 133
rights in Libya
44/1 Situation of human rights in Eritrea 16 July 2020 150
44/2 The central role of the State in responding to pandemics and 16 July 2020 151
other health emergencies, and the socioeconomic consequences
thereof in advancing sustainable development and the
realization of all human rights
44/3 The right to education 16 July 2020 153

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Resolution Title Date of adoption Page

44/4 Trafficking in persons, especially women and children: 16 July 2020 155
strengthening human rights through enhanced protection,
support and empowerment of victims of trafficking, especially
women and children
44/5 Mandate of the Special Rapporteur on extrajudicial, summary 16 July 2020 160
or arbitrary executions
44/6 Elimination of discrimination against persons affected by 16 July 2020 162
leprosy and their family members
44/7 Human rights and climate change 16 July 2020 164
44/8 Mandate of the Special Rapporteur on the independence of 16 July 2020 170
judges and lawyers
44/9 Independence and impartiality of the judiciary, jurors and 16 July 2020 170
assessors, and the independence of lawyers
44/10 Special Rapporteur on the rights of persons with disabilities 16 July 2020 175
44/11 Mandate of the Independent Expert on human rights and 16 July 2020 177
international solidarity
44/12 Freedom of opinion and expression 16 July 2020 180
44/13 Extreme poverty and human rights 16 July 2020 184
44/14 Fifteenth anniversary of the responsibility to protect 17 July 2020 185
populations from genocide, war crimes, ethnic cleansing and
crimes against humanity, as enshrined in the 2005 World
Summit Outcome
44/15 Business and human rights: the Working Group on the issue of 17 July 2020 187
human rights and transnational corporations and other business
enterprises, and improving accountability and access to remedy
44/16 Elimination of female genital mutilation 17 July 2020 191
44/17 Elimination of all forms of discrimination against women and 17 July 2020 197
girls
44/18 Enhancement of international cooperation in the field of human 17 July 2020 202
rights
44/19 Situation of human rights in Belarus 17 July 2020 207
44/20 The promotion and protection of human rights in the context of 17 July 2020 210
peaceful protests
44/21 Situation of human rights in the Syrian Arab Republic 17 July 2020 216
44/22 The Social Forum 17 July 2020 218
44/23 Contribution of respect for all human rights and fundamental 17 July 2020 219
freedoms to achieving the purposes and upholding the
principles of the Charter of the United Nations

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B. Decisions

Decision Title Date of adoption Page

43/101 Outcome of the universal periodic review: Italy 12 March 2020 140
43/102 Outcome of the universal periodic review: El Salvador 12 March 2020 140
43/103 Outcome of the universal periodic review: Gambia 12 March 2020 140
Outcome of the universal periodic review: Plurinational State of 12 March 2020 141
43/104
Bolivia
43/105 Outcome of the universal periodic review: Fiji 12 March 2020 141
43/106 Outcome of the universal periodic review: San Marino 12 March 2020 142
43/107 Outcome of the universal periodic review: Islamic Republic of Iran 12 March 2020 142
43/108 Outcome of the universal periodic review: Angola 12 March 2020 143
43/109 Outcome of the universal periodic review: Kazakhstan 12 March 2020 143
43/110 Outcome of the universal periodic review: Madagascar 12 March 2020 143
43/111 Outcome of the universal periodic review: Iraq 12 March 2020 144
43/112 Outcome of the universal periodic review: Slovenia 12 March 2020 144
43/113 Outcome of the universal periodic review: Egypt 12 March 2020 145
43/114 Outcome of the universal periodic review: Bosnia and Herzegovina 13 March 2020 145
43/115 Extension of mandates and mandated activities 13 March 2020 146
43/116 Decision adopted by the Human Rights Council on 29 May 2020 29 May 2020 146
Methods of work of the Consultative Group of the Human Rights 22 June 2020 146
43/117
Council
44/101 Outcome of the universal periodic review: Spain 16 July 2020 222
44/102 Outcome of the universal periodic review: Kuwait 16 July 2020 222

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C. President’s statements

President’s statement Title Date of adoption Page

PRST OS/13/1 Efficiency of the Human Rights Council – addressing 6 December 2019 12
financial and time constraints
PRST 43/1 Human rights implications of the COVID-19 pandemic 29 May 2020 148

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I. Introduction
1. The present document contains the President’s statement adopted at the organizational
session of the Human Rights Council held on 6 December 2019 and the resolutions, decisions
and President’s statement adopted by the Council at its forty-third session, held from 24
February to 13 March 2020 and from 15 to 23 June 2020, and the resolutions and decisions
adopted at its forty-fourth session, held from 30 June to 17 July 2020.
2. The reports of the Human Rights Council on the above-mentioned regular sessions
are being issued in documents A/HRC/43/2 and A/HRC/44/2.

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II. Resolutions brought to the attention of the General Assembly


for its consideration and possible action

43/28. Situation of human rights in the Syrian Arab Republic

The Human Rights Council,


Guided by the principles and purposes of the Charter of the United Nations,
Reaffirming its previous 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,
Condemning the grave situation of human rights across the Syrian Arab Republic, and
demanding that the Syrian authorities meet their responsibility to protect the Syrian
population and to respect, protect and fulfil the human rights of all persons within its
jurisdiction,
Condemning also any indiscriminate or deliberate targeting of civilians in violation
of international humanitarian law, in particular by the Syrian authorities, and recalling the
obligation of all parties to the conflict to take all feasible precautions to avoid, and in any
event minimize, harm to civilians and civilian objects, such as medical facilities and schools,
including by ceasing their use for military purposes, and the prohibition on attacking,
removing, destroying or rendering useless objects or areas indispensable to the survival of
the civilian population, including drinking water installations, supplies, irrigation works and
agricultural areas for the production of foodstuffs and crops,
Expressing deep concern at the situation of women, children, older persons and
persons with disabilities, especially those who are internally displaced, who remain among
the most vulnerable to violence and abuse, and noting in this regard relevant Security Council
resolutions on the protection of civilians, including Council resolution 2475 (2019) of 20
June 2019,
Expressing deep concern also that the human rights of women continue to be violated,
in particular through sexual and gender-based violence and systematic discrimination against
women and girls, and that women, in particular those belonging to certain religious and ethnic
communities, have been disproportionately affected by the conflict,
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, including with the equal voice and full and meaningful
participation of women in all efforts and decision-making, as outlined by the Security Council
in its resolution 1325 (2000) of 31 October 2000 and associated resolutions, and in
accordance with the Geneva communiqué of 30 June 2012 and Council resolutions 2118
(2013) of 27 September 2013 and 2254 (2015) of 18 December 2015, with a view to
establishing credible, inclusive and non-sectarian governance, and supporting the Special
Envoy of the Secretary-General for Syria in his efforts towards this end,
Welcoming the work of the Special Envoy to facilitate the work of the Constitutional
Committee, and strongly urges all relevant parties to engage meaningfully and substantively
on this issue, and expressing deep concern at the negative impact that the violence in the
north-west could have on this process, and welcomes the Special Envoy’s efforts to facilitate
the implementation of all the provisions of Security Council resolution 2254 (2015) of 18
December 2015;
Recalling Security Council resolution 2336 (2016) of 31 December 2016,
acknowledging the signing by Turkey and the Russian Federation of the memorandum on the
stabilization of the situation in the Idlib de-escalation area on 17 September 2018 and the
additional protocol thereto on 5 March 2020, and stressing the urgent need for the Syrian
authorities and their State and non-State allies to cease any military offensive in Idlib and
surrounding areas, and for all relevant parties to implement a complete ceasefire in Idlib in
order to prevent further death, injury and displacement among civilians and to allow for

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immediate and unhindered humanitarian access, while emphasizing the need to establish an
effective and lasting nationwide ceasefire in the Syrian Arab Republic,
Reaffirming that States must ensure that any measure taken to counter terrorism
complies with any relevant rules of international law, in particular international human rights
law and international humanitarian law,
Recalling that, consistent with international humanitarian law and pursuant to relevant
Security Council resolutions, including resolutions 2165 (2014) of 14 July 2014, 2268 (2016)
of 26 February 2016 and 2401 (2018) of 24 February 2018, all parties to the conflict are to
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 life-saving medical supplies, may constitute a violation of international humanitarian
law,
Recalling also Security Council resolution 2417 (2018) of 24 May 2018, in which the
Council underlined that using starvation of civilians as a method of warfare may constitute a
war crime,
Recalling further that deliberate attacks on civilians and civilian objects, such as
schools and educational facilities, cultural heritage and places of worship, as well as on
medical facilities, patients and personnel and on humanitarian personnel, may also amount
to war crimes,
Recalling 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,
Reaffirming that the use of chemical weapons constitutes a serious violation of
international law, reiterating that all those responsible for any such use must be held
accountable, regretting that the mandate of the Organisation for the Prohibition of Chemical
Weapons-United Nations Joint Investigative Mechanism was not renewed, and welcoming
the establishment by the Organisation for the Prohibition of Chemical Weapons of the
Investigation and Identification Team pursuant to the decision made at the Fourth Special
Session of the Conference of State Parties to identify the perpetrators of the use of chemical
weapons in the Syrian Arab Republic,
Welcoming the work 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,
including on instances of the use of chemical weapons, and taking note of the decision made
by the General Assembly to include funding of the Mechanism in the regular budget of the
United Nations, 1
Expressing its deepest concern at the findings of the Independent International
Commission of Inquiry on the Syrian Arab Republic, including in its most recent report, 2 and
deploring the lack of cooperation by the Syrian authorities with the Commission of Inquiry,
Bearing in mind that the illicit transfer, destabilizing accumulation and misuse of
small arms and light weapons fuel conflict and affect negatively the enjoyment of human
rights,
Acknowledging the ongoing efforts of human rights defenders, journalists and media
workers 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. Deplores the fact that the conflict in the Syrian Arab Republic continues into
its tenth year with its devastating impact on the civilian population, including the consistent
patterns of gross violations and abuses of international human rights law and violations of

1 See General Assembly resolution 74/169.


2 A/HRC/43/57.

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international humanitarian law across the country, and urges all parties to the conflict to
abstain immediately from any actions that may contribute to the further deterioration of the
human rights, security and humanitarian situations;
2. Calls upon all parties to the conflict and Member States, especially members
of the International Syria Support Group, to renew their efforts to create conditions, including
a comprehensive nationwide ceasefire, that support meaningful negotiations for a political
solution to the Syrian conflict, under the auspices of the Special Envoy of the Secretary-
General for Syria and his office in Geneva, as only a durable and inclusive 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;
3. Welcomes the work and the important role played by 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, in supporting essential
accountability efforts by investigating 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 all perpetrators of abuses and violations,
including those who may be responsible for crimes against humanity, are identified and held
accountable;
4. Demands that the Syrian authorities cooperate fully with the Human Rights
Council and the Commission of Inquiry by granting the Commission immediate, full and
unfettered access throughout the Syrian Arab Republic, and urges all Member States to
cooperate with the Commission in the discharge of its mandate;
5. Deplores the escalation of violence in the north-west of the country, and
strongly condemns the attacks by the Syrian authorities and their State and non-State allies
on civilians and civilian infrastructure in the province of Idlib and surrounding areas, where
violence, including airstrikes, has caused the death of more than 1,000 civilians, including
first responders, since the beginning of December 2019, and devastating damage to civilian
infrastructure, including health-care, educational and humanitarian facilities, as well as water
stations, markets, camps for internally displaced persons and convoys of civilians trying to
flee the violence, while noting that this has also caused the forced displacement of almost 1
million people since the start of December 2019, and that nearly 3 million people, half of
whom children, are reliant upon humanitarian support;
6. Expresses extreme concern about the mass forced displacement caused by the
violence in the north-west of the Syrian Arab Republic, and the ability of those internally
displaced persons to have access to basic services, such as food and shelter, and to exercise
the full enjoyment of their human rights, including the right to education for children, and
urges Member States to fully fund and respond to specific United Nations appeals on this
issue;
7. Urges all relevant parties, the signatories to the memorandum on the
stabilization of the situation in the Idlib de-escalation area of 17 September 2018, and
particularly the Syrian authorities and their State and non-State allies, to immediately respect
and uphold the ceasefire in Idlib in order to prevent further death and injury among civilians,
and to facilitate timely, immediate, unhindered, sustained and safe humanitarian assistance
to those in need;
8. Strongly 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 the continued systematic, widespread and gross violations and abuses of human
rights and all violations of international humanitarian law by the Syrian regime and its
affiliated State and non-State actors, including foreign terrorist fighters and those foreign
organizations fighting on behalf of the Syrian authorities, and expresses deep concern that
their involvement further exacerbates the deteriorating situation in the Syrian Arab Republic,
including the human rights and humanitarian situation, which has a serious negative impact
on the region;
9. Also strongly condemns all attacks against the civilian population and civilian
objects, such as schools, camps for internally displaced persons, medical units, medical

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personnel, patients and transport, and personnel involved in humanitarian assistance, in


violation of international humanitarian law, and recalls the primary responsibility of the
Syrian authorities to protect the civilian population;
10. Calls for an immediate cessation of attacks on first responders, and on medical
facilities, which are regularly put out of service, depriving civilians and persons hors de
combat of immediate life-saving medical care, including mental health and psychosocial
support, and deplores the long-term consequences of such attacks for the population and
health-care systems of the Syrian Arab Republic;
11. Welcomes the report of the United Nations Board of Inquiry to investigate
attacks on de-conflicted and United Nations-supported facilities in the north-west of the
Syrian Arab Republic;
12. Demands that all parties to the conflict comply with their respective obligations
under international human rights law and international humanitarian law, and that the Syrian
authorities and their State and non-State allies immediately end the use of prohibited weapons
and munitions, the indiscriminate use of heavy weapons in populated areas, barrel bombs,
aerial bombardment, incendiary weapons, ballistic missiles and cluster bombs, and expresses
particular concern in this regard at the recent events in Idlib and surrounding areas;
13. Expresses deep concern at the number of civilians, including children, killed
or maimed by landmines, explosive remnants of war and improvised explosive devices used
by all parties to the conflict;
14. Deplores the deliberate use of starvation of civilians as a method of warfare,
and encourages the Commission of Inquiry to include in future investigations violations and
abuses of international human rights law and violations of international humanitarian law
related to the use of starvation of civilians;
15. Expresses deep concern at the grave humanitarian situation in the Syrian Arab
Republic and at the plight of the 11.1 million people in need of full, timely, immediate,
unhindered and safe humanitarian assistance, including the more than 6.5 million Syrians
whose needs are particularly acute and in areas where freedom of movement and access to
humanitarian aid and services remain very restricted, including in camps for internally
displaced persons, and, noting that the severity of the humanitarian situation requires the use
of all aid modalities, is particularly concerned about the impact of reduced points of cross-
border access and the reduced time frame following the adoption by the Security Council of
its resolution 2504 (2020) on 10 January 2020, and calls for the continuation of cross-border
humanitarian support beyond July 2020;
16. Strongly condemns the Syrian authorities’ continued and deliberate obstruction
of life-saving humanitarian assistance to those most in need, including the removal of
humanitarian aid from United Nations-approved convoys, including medical aid and supplies
intended to reach desperate populations deprived of vital necessities;
17. Demands that the Syrian authorities and their State and non-State allies
facilitate, and all other parties to the conflict do not hinder, the full, timely, immediate,
unrestricted and safe humanitarian access of the United Nations and other humanitarian
actors to all areas, and that they ensure that the delivery of unrestricted humanitarian aid
reaches all those in need, for as long as it is needed, including in areas that have been retaken
by the Syrian authorities, in accordance with relevant Security Council resolutions, and calls
upon Member States to fully fund the United Nations appeals;
18. Strongly condemns the use of arbitrary arrest, arbitrary detention and enforced
disappearances by the Syrian authorities in the retaken areas of control, including Dara’a,
Duma and Eastern Ghouta, and extremely concerned about the recent finding of the
Commission of Inquiry that there is a general absence of rule of law in those retaken areas;
19. Also strongly condemns the practice of intimidation by the Syrian authorities
against those taking part in political processes, including the Constitutional Committee, as
reported by the Commission of Inquiry, and the fragile security situation and fear and tension
created in retaken areas by the so-called “reconciliation processes” imposed by the Syrian

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authorities, for which they have failed to fulfil their commitments or to abide by their
assurances;
20. Concerned about the situation in the north-eastern region, takes note of the
recent findings of the Commission of Inquiry in this regard, emphasizes that all parties must
comply with their obligations under international human rights law and international
humanitarian law, and reiterates the recommendation of the Commission of Inquiry to non-
State armed groups that they must comply with international humanitarian law and
investigate all allegations of violations and crimes committed by their fighters;
21. Takes note with deep concern of the recent conclusions of the Commission of
Inquiry in its conference room paper entitled “‘They have erased the dreams of my children’:
children’s rights in the Syrian Arab Republic”, 3 that an overwhelming impact of the conflict
is that children remain victimized on multiple grounds and continue to be denied the
protection to which they are entitled under international humanitarian and international
human rights law, and encourages the Commission to continue its investigation and
documentation of violations and abuses of the rights of the child, including potential
recommendations for accountability measures;
22. Deplores the fact that children continue to be subjected to serious violations
and abuses, including being killed, abducted, used or recruited by armed actors, and being
maimed, injured and orphaned, bearing the brunt of the violence perpetrated by warring
parties, strongly condemns the use of schools for military purposes, and takes note of the
Commission of Inquiry’s finding that children’s experiences in the Syrian conflict have been
deeply gendered;
23. Also deplores the fact that the unprecedented and recurrent nature of violations
and abuses against children has affected generations to come, and that the psychological
impact of the conflict on children has been a striking feature of the war in the Syrian Arab
Republic with far-reaching consequences, and urges all parties to ensure that children
affected by the conflict receive appropriate health treatment, including the provision of
mental health and psychosocial support;
24. Calls upon all parties to respect and protect the full enjoyment by children of
all their human rights, to ensure access to basic services, such as medical care and education,
and to provide official documents such as birth and educational certificates, and to allow at
all times humanitarian workers to reach children and families in need of life-saving
assistance, and to prevent and protect children from all exploitation, violations and abuses,
including sexual and gender-based violence and child, early and forced marriage, trafficking
and torture by, among other actions, ending and preventing the recruitment and use of
children in the armed conflict, immediately, safely and unconditionally releasing children
and handing them over to civilian child-protection actors, and ensuring that such authorities
have access to detained children associated with armed groups;
25. 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), 1325 (2000) and 2122 (2013) of 18 October 2013, and to adhere to
their obligations under international law, in particular to end arbitrary detention, torture and
sexual and gender-based violence 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) and by the Commission of Inquiry in
its recommendations;
26. Expresses deep concern at reports of mass executions and torture of prisoners,
and at the number of deaths among individuals detained by the Syrian authorities, including
in Syrian Military Intelligence facilities and military hospitals, as evidenced by the issuing
of thousands of death notifications, which provides further indication of systematic violations
of international human rights law and international humanitarian law, and urges them to
provide families with death certificates and the remains of their relatives whose fate has been
disclosed, including those who have been summarily executed, to take all appropriate

3 Available from www.ohchr.org/EN/HRBodies/HRC/IICISyria/Pages/Documentation.aspx.

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measures immediately to protect the lives and rights of all persons currently detained or
unaccounted for, and to clarify the fate of those who remain missing or are still in custody;
27. Recognizes the permanent damage that torture and ill-treatment, including
sexual and gender-based abuse and violence, causes to its victims and their families, and
condemns the denial of medical services in all prisons and detention facilities;
28. Strongly condemns the use of sexual and gender-based violence, torture and
ill-treatment, particularly in detention facilities run by the Syrian authorities, including those
acts referenced by the Commission of Inquiry in its reports and those depicted in the evidence
presented by “Caesar” in January 2014, and recalls that such acts may constitute violations
and abuses of international human rights law or violations of international humanitarian law;
29. Also strongly condemns the continued widespread practices of enforced
disappearance and arbitrary detention, notably widespread in areas where the Syrian
authorities have retaken control, and notes that the Commission of Inquiry has
comprehensively highlighted that the arbitrary detention of tens of thousands of individuals
represents an urgent and large-scale crisis of human rights protection;
30. Urges all parties to take heed of the recommendations made by the
Commission of Inquiry on the issue of detainees, in particular its calls for appropriate
international monitoring bodies to be granted immediate access without undue restriction to
all detainees and detention facilities, and for all parties, in particular the Syrian authorities,
to publish a list of all detention facilities, to allow access to medical services for all detainees
and to provide information on those whom they have detained to their families;
31. Demands the immediate release of all persons arbitrarily detained, including
women, children, older persons, persons with disabilities, human rights defenders,
humanitarian aid providers, medical personnel, the wounded and sick, and journalists, and
notes the importance of ensuring justice for those arbitrarily detained;
32. Underlines the need for further sustained and large-scale concrete steps by the
Working Group on the release of detainees/abductees, the handover of bodies and the
identification of missing persons, composed of Turkey, the Russian Federation and the
Islamic Republic of Iran, as well as the United Nations, and encourages the members of the
Working Group to further advance and expand their efforts in fulfilling its mandate;
33. Welcomes Security Council resolution 2474 (2019) of 11 June 2019, and calls
upon parties to the armed conflict in the Syrian Arab Republic to take all appropriate
measures to actively search for persons reported missing, to enable the return of their remains,
to record and identify all those killed, to account for persons reported missing without adverse
distinction, and to put in place appropriate channels enabling response and communication
with families on the search and recording process, to take appropriate measures to prevent
persons from going missing as a result of the armed conflict, while paying utmost attention
to cases of children reported missing as a result of the armed conflict, and to take appropriate
measures to search for and identify those children;
34. Expresses its profound concern at the findings of the Commission of Inquiry
that sexual and gender-based violence against women, girls, men and boys has been a
persistent issue in the Syrian Arab Republic since the uprising in 2011, that rape and other
forms of sexual and gender-based violence continue to occur, and that women and girls have
been disproportionately affected and victimized on multiple grounds;
35. Notes the findings of the Commission of Inquiry that such acts of sexual and
gender-based violence were committed most commonly by Syrian authorities and associated
militia, as well as by so-called Islamic State in Iraq and the Levant (Daesh), that they
represent a widespread and systematic attack directed against the civilian population,
amounting to crimes against humanity, and that such acts constitute the war crimes of rape
and other forms of sexual violence, including torture and outrages upon personal dignity;
36. Strongly condemns all acts of sexual and gender-based violence and abuse,
recognizes the need for a survivor-centred approach in preventing and responding to such
violence and abuse, calls for immediate and non-discriminatory access to services, such as
medical and psychosocial support to be provided to all survivors of such crimes and for every

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effort to be made to ensure justice for those who have suffered as a result of such crimes, and
urges all parties to the conflict to respect and protect women’s and girls’ full enjoyment of
human rights and to heed the recommendations made by the Commission of Inquiry;
37. Condemns unequivocally all attacks, threats, intimidation and violence against
journalists and media workers by the Syrian regime, its State and non-State allies, and non-
State armed groups, strongly urges all parties to respect the human rights of journalists and
media workers, and recalls in this regard that journalists and media workers shall be
considered civilians and shall be protected as such;
38. Strongly condemns violence against persons based on their religious or ethnic
affiliation, 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;
39. Also strongly condemns the damage and destruction of the cultural heritage of
the Syrian Arab Republic, in particular that of 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, 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;
40. Expresses deep concern at the displacement of approximately 13 million
civilians, including 6.1 million internally displaced persons across the Syrian Arab Republic,
and urges all parties to take note of the recommendations on this matter made by the
Commission of Inquiry, and to ensure that any evacuation and movement of civilians is
consistent with international humanitarian law and international human rights law, as
applicable;
41. Condemns the reported forced displacement of populations in the Syrian Arab
Republic, expresses deep concern at reports of social and demographic engineering in areas
throughout 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 or
crimes against humanity;
42. Expresses deep concern for the more than 5.6 million registered refugees in
the region fleeing the violence in the Syrian Arab Republic, welcomes the efforts of the
neighbouring countries, Turkey, Lebanon, Jordan and Iraq, as well as of Egypt, to host Syrian
refugees, acknowledges the socioeconomic consequences of the presence of large-scale
refugee populations in those countries, 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, including the particular needs of women, girls and persons with
disabilities, while emphasizing the principles of responsibility and burden-sharing;
43. Notes those States outside the region that have put in place measures and
policies to assist and to host Syrian refugees, 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;
44. Notes with concern that one of the main obstacles to refugees’ safe, voluntary
and dignified return to their country of origin derive from the Syrian authorities’ own
practices of violating the human rights of civilians in areas under their control, including the
rights to the freedoms of assembly, movement and expression, as well as those involving
systematic property seizures, forced conscription, arbitrary arrests, enforced disappearances,
political violence or torture;
45. Expresses concern at reports that the Syrian authorities are arbitrarily
preventing internally displaced persons from accessing and returning to their homes, with no
apparently valid security reason and without providing alternatives to the displaced
communities, which may amount to forced displacement;
46. Deplores in this regard the existence and application of national legislation, in
particular Law No. 42/2018 and other legislation and practices concerning housing, land and

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property rights, which have a significant detrimental impact on the rights of Syrians displaced
by the conflict to claim their property, as evidenced by recent reports of widespread property
demolitions throughout the Syrian Arab Republic, calls for the immediate repeal of that
legislation, and stresses the right of displaced Syrians to return to their homes in a safe,
voluntary and dignified manner when the situation on the ground allows it;
47. Expresses concern that the hostilities have restricted access to or resulted in
the loss of civil documentation, including through confiscation, thereby limiting freedom of
movement, access to essential services, and housing, land and property rights, particularly
for children, persons with disabilities, women and female-headed households, and notes that
the lack of casualty records and official death certificates can seriously affect inheritance and
custody rights and severely restricts freedom of movement;
48. Urges all parties to implement the recommendation of the Commission of
Inquiry on ensuring that the right of return is fully respected and facilitated by guaranteeing
that all return movements are safe, voluntary and dignified and subject to informed consent
to the places of origin and protect all property and tenancy rights, in cooperation with
competent organizations, such as the Office of the United Nations High Commissioner for
Refugees;
49. Condemns in the strongest possible terms the repeated use of chemical
weapons by the Syrian authorities, in violation of its obligations under the Convention on the
Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and
on Their Destruction and Security Council resolution 2118 (2013), and all use of chemical
weapons in contravention of well-established international standards and norms against such
use;
50. Expresses grave concern at the reports of the Technical Secretariat of the
Organisation for the Prohibition of Chemical Weapons, which state that it continues to be
unable to verify that the declaration made by the Syrian authorities regarding their chemical
weapons programme was accurate and complete in accordance with the Chemical Weapons
Convention, and calls upon the Syrian Arab Republic to cooperate fully with the Organisation
to provide further clarification relating to the gaps, inconsistencies and discrepancies that
remain;
51. Welcomes the fact that the Technical Secretariat of the Organisation for the
Prohibition of Chemical Weapons has completed its arrangements for the establishment of
the Investigation and Identification Team tasked to identify the perpetrators of the use of
chemical weapons in the Syrian Arab Republic by identifying and reporting on all
information potentially relevant to the origin of those chemical weapons, looks forward to
the Team’s first report, and calls upon the Syrian authorities to provide all necessary access
and authorizations to the members of the Team;
52. Recalls the relevant reports of the Organisation for the Prohibition of Chemical
Weapons-United Nations Joint Investigative Mechanism, in which they found that the Syrian
authorities were responsible for the use of chemical weapons on four occasions, and that the
Joint Investigative Mechanism also confirmed that so-called Islamic State in Iraq and the
Levant (Daesh) was responsible for two chemical weapons attacks between 2014 and 2017;
53. Expresses grave concern at the findings by the fact-finding mission of the
Organisation for the Prohibition of Chemical Weapons that sarin and chlorine were very
likely used in separate attacks in Ltamenah on 24 and 25 March 2017, and that chlorine was
likely used in an attack in Saraqib on 4 February 2018;
54. Recalls with grave concern the finding by the Commission of Inquiry of a vast
body of evidence suggesting that chlorine was dropped by helicopter on a residential building
in Duma on 7 April 2018, that the Commission had received information on the deaths of at
least 49 individuals and the wounding of up to 650 others, and at the findings of the
Commission in the same report that, in a series of ground attacks in Duma on 22 January and
1 February 2018, the Syrian authorities and/or affiliated militias had committed the war crime
of using chemical weapons, following a pattern previously documented by the Commission;
55. Recalls the findings of the fact-finding mission of the Organisation for the
Prohibition of Chemical Weapons in its report of 1 March 2019 that, on the basis of its

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evaluation and analysis of all the information gathered, there were reasonable grounds that a
toxic chemical was used as a weapon in Duma on 7 April 2018, and that the toxic chemical
was likely molecular chlorine;
56. Demands that all parties desist immediately from any use of chemical weapons
in the Syrian Arab Republic, expresses its strong conviction that those responsible for such
use must be held accountable, and expresses its support for the objectives and commitments
of the International Partnership against Impunity for the Use of Chemical Weapons to support
accountability for all those responsible for the proliferation or use of chemical weapons;
57. Strongly condemns the terrorist acts and violence committed against civilians
by so-called Islamic State in Iraq and the Levant (Daesh), Al-Nusrah Front (also known as
Hay’at Tahrir al-Sham) and other terrorist organizations designated by the Security Council,
and their gross, systematic and widespread abuses of international human rights law and
violations of international humanitarian law, reaffirms that terrorism, including the actions
of so-called Islamic State in Iraq and the Levant (Daesh), 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;
58. Expresses deep concern about the documented cases of civilians, including
women and children, taken hostage by so-called Islamic State in Iraq and the Levant (Daesh),
calls for their immediate release, notes that hostage-taking and the murder of civilians may
constitute a war crime, condemns the recent reported mass arbitrary arrests and detention of
civilians by Hay’at Tahrir al-Sham, and notes that imprisonment or other severe deprivation
of physical liberty in violation of international law, when committed as part of a deliberate
widespread or systematic attack directed against any civilian population, may amount to a
crime against humanity;
59. Reaffirms the importance of establishing appropriate processes and
mechanisms to achieve justice, reconciliation, truth and accountability for gross violations
and abuses of international law, and reparations and effective remedies for victims, in
particular detainees, internally displaced persons and disappeared persons, children and
victims of sexual and gender-based violence, and stresses the prerequisite role that
accountability can play in any effort to bring about a sustainable, inclusive and peaceful
conclusion to the conflict;
60. Recalls that the International Criminal Court was established to contribute to
ending impunity for applicable crimes in which a State is unwilling or unable to genuinely
carry out investigations or prosecutions;
61. 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,
while noting the important role that the International Criminal Court can play in this regard,
and noting the authority of the Security Council to refer such situations to the Court;
62. Welcomes the work 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,
as mandated by the General Assembly in resolution 71/248 of 21 December 2016, including
its close cooperation with the Commission of Inquiry and Syrian civil society, so that the
voices of victims are heard, any evidence of crimes is collected and criminal prosecution
proceeds;
63. Also welcomes the decision made by the General Assembly to include full
funding of the International, Impartial and Independent Mechanism in the regular budget of
the United Nations, and invites Member States to actively support the 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, on a sustainable basis, in accordance with relevant Assembly
resolutions;

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64. Further welcomes the steps taken by Member States to prosecute the most
serious crimes under international law committed in the Syrian Arab Republic in national
courts under the principles of universal jurisdiction and extraterritorial jurisdiction as an
important contribution to end impunity and ensure justice for victims, and notes the
contribution that the International, Impartial and Independent Mechanism and other
accountability mechanisms can make in this regard;
65. Welcomes the relevant international campaigns and initiatives to support the
Syrian people, including the upcoming conference to be hosted by the European Union and
co-chaired by the United Nations in Brussels in June 2020, and renews its call for the
international community to deliver in full all such pledges;
66. Reaffirms that there can only be a political solution to the conflict in the Syrian
Arab Republic, demands that all parties work towards a genuine political transition based on
the Geneva communiqué and Security Council resolution 2254 (2015), within the framework
of the United Nations-led intra-Syrian talks in Geneva and with the equal voice and full and
meaningful leadership and participation of women in decision-making and in all efforts
consistent with Council resolution 1325 (2000) and subsequent resolutions on women, peace
and security, 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,
ethnicity, religion or belief, and welcomes the inclusion of civil society in this process;
67. Decides to extend the mandate of the Independent International Commission
of Inquiry for a period of one year;
68. Requests the Commission of Inquiry to provide an oral update to the Human
Rights Council during the interactive dialogue at its forty-fourth session, and to present an
updated written report during an interactive dialogue at its forty-fifth and forty-sixth sessions;
69. Also requests the Commission of Inquiry to, in accordance with its mandate,
urgently conduct a comprehensive, independent special inquiry into the recent events in Idlib
province and surrounding areas, to, where possible, identify all those for whom there are
reasonable grounds to believe that they are responsible for alleged violations and abuses of
international human rights law, and to support efforts to ensure that perpetrators of alleged
abuses and violations are held accountable, and further requests the Commission to provide
a full report on its findings to the Human Rights Council no later than its forty-fourth session;
70. Decides to transmit all reports and oral updates of the Commission of Inquiry
to all relevant bodies of the United Nations, recommends that the General Assembly submit
the reports to the Security Council for appropriate action, expresses its appreciation to the
Commission for its future briefings to members of the Security Council, and recommends
the continuation of future briefings;
71. Also decides to remain seized of the matter.
46th meeting
22 June 2020
[Adopted by a recorded vote of 27 to 2, with 18 abstentions. The voting was as follows:
In favour:
Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile, Czechia,
Denmark, Fiji, Germany, Italy, Japan, Libya, Marshall Islands, Mexico,
Netherlands, Peru, Poland, Qatar, Republic of Korea, Slovakia, Somalia,
Spain, Togo, Ukraine, Uruguay
Against:
Eritrea, Venezuela (Bolivarian Republic of)
Abstaining:
Afghanistan, Angola, Armenia, Bahrain, Bangladesh, Burkina Faso,
Cameroon, Democratic Republic of the Congo, India, Indonesia, Mauritania,
Namibia, Nepal, Nigeria, Pakistan, Philippines, Senegal, Sudan]

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III. President’s statement adopted at the organizational session

PRST OS/13/1. Efficiency of the Human Rights Council – addressing


financial and time constraints

At the organizational session of the Human Rights Council held on 6 December 2019,
the President of the Council made the following statement:
“The Human Rights Council,
Guided by the Charter of the United Nations, General Assembly resolutions
60/251 of 15 March 2006 and 65/281 of 17 June 2011, and Human Rights Council
resolutions 5/1 and 5/2 of 18 June 2007, on institution-building of the Council and on
the code of conduct for special procedure mandate holders of the Council,
respectively, and 16/21 of 25 March 2011, on the review of the work and functioning
of the Council,
Welcoming its effectiveness, responsiveness and achievements in fulfilling
and implementing its mandate as outlined in General Assembly resolution 60/251 and
recognizing its unique role and added value,
Welcoming also the ongoing implementation of the measures outlined in
President’s statement PRST OS/12/1 and their impact on addressing the financial and
time constraints related to its workload,
Welcoming further the recent measures taken to enhance interactive dialogues,
including the sharing of summaries of the reports of mandate holders, and recalling
the importance of ensuring the timely issuance of reports as well as the encouragement
to participants in interactive dialogues to envisage, including in their statements,
questions and comments for mandate holders based on the reports,
Noting its increasing workload and challenges, particularly budgetary
constraints, as reported by the United Nations Office at Geneva, in providing services
on a continuing basis for all its meetings throughout the year, and reaffirming its
willingness to consider measures aimed at making its work more efficient and
effective,
Taking note with concern of the information provided by the Director-General
of the United Nations Office at Geneva in her letter dated 25 November 2019
addressed to the President of the Human Rights Council,
Recognizing the need for introducing additional measures in line with its
institution-building package to enhance its efficiency by addressing financial and time
constraints, and welcoming the informal consultations on this matter led by its current
and previous Bureaux, guided by the principles of transparency, inclusiveness,
predictability, consensus and non-selectivity,
Recognizing the need to adopt the measures contained in the present statement
with the mutual understanding of necessary restraint in order to plan the programme
of work of the Human Rights Council in a manner that ensures compliance with
General Assembly resolution 56/242 of 24 December 2001,
1. Decides to continue to discuss its financial and time constraints in
relation to the universal periodic review;
2. Also decides to continue further the implementation of the measures
outlined in President’s statement PRST OS/12/1, including the three-year programme
of work, the two-hour duration of panel discussions, the voluntary rationalization of
initiatives and related outcomes and the exchange of information;
3. Invites the Director-General of the United Nations Office at Geneva to
continue to provide a comprehensive update, orally and in writing, at the
organizational session held each year in December, on the actual and envisaged
resources for conference services provided to the Human Rights Council;

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4. Welcomes the efforts for the implementation of the measures on the use
of modern technology set out in President’s statement PRST OS/12/1, annex II, in
particular the e-deleGATE system, and strongly encourages the continuous,
progressive and full implementation of modern technology measures to improve the
efficiency of the Human Rights Council;
5. Also welcomes the introduction of new measures to address the
challenges faced by delegations from small and developing countries, in particular
small island developing States and the least developed countries, including the help
desk of the Human Rights Council, and the secretariat’s efforts to schedule informal
consultations without overlap, and encourages such measures to continue;
6. Decides to convene general debates during its March and September
sessions on all of its agenda items and that no general debates will take place during
its June session;
7. Also decides to conduct its annual interactive dialogue on the annual
report of the United Nations High Commissioner for Human Rights during its June
session;
8. Further decides that all the interactive dialogues will follow existing
modalities and be held individually and that the speaking time limits for all
stakeholder interventions will be one and a half minutes;
9. Decides to allocate 20 minutes to all its mandate holders and
mechanisms during the interactive dialogues, with two additional minutes allocated
for every country visit report and/or other mandated report;
10. Also decides to implement the measures contained in the present
statement on a trial basis for one year, and requests the President of the Human Rights
Council to organize an informal stocktaking meeting to assess the impact of their
implementation after its forty-fifth session and before the organizational session to be
held in December 2020;
11. Further decides to remain actively seized of the matter.”

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IV. Forty-third session

A. Resolutions

43/1. Promotion and protection of the human rights and


fundamental freedoms of Africans and of people of African
descent against excessive use of force and other human
rights violations by law enforcement officers

The Human Rights Council,


Reaffirming the purposes and principles of the Charter of the United Nations and the
Universal Declaration of Human Rights, and promoting and encouraging respect for human
rights and fundamental freedoms for all,
Recalling the Universal Declaration of Human Rights, which states 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 forth in the Declaration, without distinction of any kind, such as race,
colour or national origin,
Recalling also the International Covenant on Civil and Political Rights and the
International Convention on the Elimination of All Forms of Racial Discrimination and the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, and bearing in mind the Vienna Declaration and Programme of Action,
Recalling further 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, and the International Decade for People of African Descent as proclaimed by the
General Assembly in its resolution 68/237 of 23 December 2013,
Recalling the General Assembly resolutions in this regard, in particular Assembly
resolution 74/137 of 18 December 2019, and the imperative need for their full and effective
implementation,
Alarmed at the resurgence of violence, racial hatred, hate speech, hate crimes, neo-
Nazism, neo-Fascism and violent nationalist ideologies based on racial or national prejudice,
including the resurgence of racial superiority ideologies that incite hatred and violence
against Africans and people of African descent,
Recognizing that racism, racial discrimination, xenophobia and related intolerance
have a deep negative impact on the enjoyment of human rights, and therefore require a united
and comprehensive response from the international community,
Recalling Human Rights Council resolution 7/34 of 28 March 2008 and all subsequent
resolutions on the mandate of the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance, including those of the Commission on
Human Rights,
Taking note of the historic resolution on racial discrimination in the United States of
America adopted at the first ordinary session of the Assembly of African Heads of State and
Government of the Organization of African Unity, held in Cairo from 17 to 24 July 1964,
and the statement made by the Chairperson of the African Union Commission which
condemned the murder of George Floyd in Minnesota, United States of America, on 25 May
2020,
Taking note also of the statement made by the Inter-American Commission on Human
Rights on 8 June 2020 expressing its strong condemnation of the murder of George Floyd
and repudiating structural racism, the systemic violence against Afro-Americans, impunity
and the disproportionate use of force by law enforcement officers,


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Recalling the Code of Conduct for Law Enforcement Officials and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials,
Encouraging States to look into their manuals and guidelines used for training law
enforcement officers with a view to identifying the proportionality of measures in the
handling of suspects and other persons in custody, with respect to the treatment of Africans
and people of African descent,
Reaffirming the importance of the Durban Declaration and Programme of Action in
advancing racial equality, ensuring equal opportunities for all, guaranteeing equality before
the law and promoting social, economic and political inclusion without distinctions based on
race, age, sex, disability, descent, national or ethnic origin, religion or economic or other
status,
Welcoming all statements made by the special procedures regarding the killing of
George Floyd, and in particular their joint statement of 5 June 2020, and the statement made
by the United Nations High Commissioner for Human Rights on 3 June 2020,
1. Strongly condemns the continuing racially discriminatory and violent practices
perpetrated by law enforcement agencies against Africans and people of African descent, in
particular which led to the death of George Floyd on 25 May 2020 in Minnesota, as referred
to in the ninth preambular paragraph above, and the deaths of other people of African descent,
and also condemns the structural racism in the criminal justice system;
2. Deplores the recent incidents of excessive use of force and other human rights
violations by law enforcement officers against peaceful demonstrators defending the rights
of Africans and of people of African descent;
3. Requests the United Nations High Commissioner for Human Rights, with the
assistance of relevant special procedure mandate holders, to prepare a report on systemic
racism, violations of international human rights law against Africans and people of African
descent by law enforcement agencies, especially those incidents that resulted in the death of
George Floyd and other Africans and people of African descent, to contribute to
accountability and redress for victims;
4. Also requests the High Commissioner to examine government responses to
anti-racism peaceful protests, including the alleged use of excessive force against protesters,
bystanders and journalists;
5. Calls upon all States and all relevant stakeholders to cooperate fully with the
High Commissioner in the preparation of the report;
6. Requests the High Commissioner to provide an oral update on the preparation
of her report to the Human Rights Council at its forty-fifth and forty-sixth sessions, and to
present a comprehensive report to the Council at its forty-seventh session, to be followed by
an interactive dialogue;
7. Also requests the High Commissioner to include updates on police brutality
against Africans and people of African descent in all her oral updates to the Human Rights
Council;
8. Invites all treaty bodies, special procedure mandate holders and international
and regional human rights mechanisms, within their respective mandates, to pay due attention
to all forms of racism, racial discrimination, xenophobia and related intolerance, including
against Africans and people of African descent, and to bring them to the attention of the
Human Rights Council;
9. Decides to remain seized of the matter.
44th meeting
19 June 2020
[Adopted without a vote.]

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43/2. Promotion and protection of human rights in Nicaragua


The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other relevant international human
rights instruments,
Reaffirming the primary responsibility of States to respect, protect and fulfil all human
rights and fundamental freedoms and to fulfil their obligations under the human rights treaties
and agreements to which they are parties, including in the context of assemblies such as
peaceful protests, and to ensure that national legislation, policies and practices, including the
national framework for the exercise of the rights to freedom of peaceful assembly, of
association and of expression, are in compliance with international human rights law,
Recalling its resolution 40/2 of 21 March 2019 on the promotion and protection of
human rights in Nicaragua,
Welcoming the report of the United Nations High Commissioner for Human Rights
on the situation of human rights in Nicaragua, presented to the Human Rights Council at its
forty-second session, 4
Bearing in mind the continuing sociopolitical and human rights crisis in Nicaragua,
as documented in the report of the High Commissioner, and its adverse impact on the
enjoyment of civil, political, economic, social and cultural rights,
Welcoming the efforts of neighbouring and other States in the region to host
Nicaraguan migrants, refugees and asylum seekers, and acknowledging the associated
socioeconomic consequences for those States,
Noting the submission by the Government of Nicaragua of some national reports to
relevant human rights treaty bodies, and in the context of the universal periodic review,
Welcoming the release of persons arbitrarily deprived of their liberty in relation to the
2018 protests, while remaining concerned that more persons remain detained or are subject
to alternative measures to detention, including several previously released under the Amnesty
Law,
Expressing concern that the broad scope of Law No. 996 (Amnesty Law) may lead to
impunity for human rights violations, contrary to international law, and fail to provide
adequate protections for persons released from arbitrary detention in relation to the 2018
protests,
Noting that, according to the Global Alliance of National Human Rights Institutions,
the national human rights institution of Nicaragua, the Office of the Human Rights Advocate
(Procuraduria para la Defensa de los Derechos Humanos), does not demonstrate the
independence required by, nor act in a manner that is fully compliant with, the principles
relating to the status of national institutions for the promotion and protection of human rights
(the Paris Principles),
Condemning all acts of intimidation and reprisals, both online and offline, by State
and non-State actors against individuals and groups who seek to cooperate or have cooperated
with the United Nations, its representatives and mechanisms in the field of human rights, or
with the Organization of American States or the Inter-American Commission on Human
Rights,
Affirming that free, fair, transparent and credible elections, in accordance with
international standards, are essential to a peaceful and democratic solution to the human
rights crisis in Nicaragua, as is the unhindered participation of the political opposition and
independent national and international electoral observers,
1. Expresses grave concern at the continuing reports of serious human rights
violations and abuses since April 2018, and the persisting disproportionate use of force by

4 A/HRC/42/18.


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the police to repress social protests, and acts of violence by armed groups, as well as reports
of ongoing unlawful arrests and arbitrary detentions, harassment, torture and sexual and
gender-based violence in detention;
2. Expresses concern at the persisting restrictions on civic space and the
repression of dissent in Nicaragua targeting civil society, human rights defenders, including
women human rights defenders, community and religious leaders, journalists and other media
workers, students, victims and their family members, and individuals expressing critical
views of the Government;
3. Urges the Government of Nicaragua to respect the rights to freedom of
peaceful assembly, of association and of expression, and the independence of the media, the
prosecution authority and the judiciary by authorizing peaceful and public demonstrations,
restoring the legal registration of civil society organizations and independent media outlets
that were cancelled, and returning seized assets;
4. Calls upon the Government of Nicaragua to cease using arbitrary arrests and
arbitrary detentions or alternative measures of detention as a means to repress dissent, to
release all those arbitrarily or illegally detained without condition, to guarantee due process
rights, to ensure that conditions of detention have due regard to the United Nations Standard
Minimum Rules for the Treatment of Prisoners (the Nelson Mandela rules) and comply with
applicable human rights obligations and standards, and to carry out prompt and impartial
investigations into any allegations of extrajudicial execution, torture or ill-treatment, and take
effective action against sexual and gender-based violence;
5. Urges the Government of Nicaragua to guarantee a safe and enabling
environment for human rights defenders, including women human rights defenders, and
adequate conditions for them to carry out their work freely;
6. Calls upon the Government of Nicaragua to take effective measures to
guarantee the independence and impartiality of the justice system and the Office of the
Human Rights Advocate;
7. Urges the Government of Nicaragua to develop a comprehensive, inclusive
and victim- and survivor-centred action plan for accountability, as recommended by the
United Nations High Commissioner for Human Rights in her report, which would include,
inter alia, prompt, thorough and transparent criminal investigations into all allegations of,
and prosecution of, human rights violations and abuses committed since 2018; measures that
ensure access to justice, truth, reparations and guarantees of non-recurrence; participative and
inclusive consultations to reform the judicial sector; and comprehensive reform of the
security sector, including the dismantlement and disarmament of armed groups;
8. Calls upon the Government of Nicaragua to resume its cooperation with the
Office of the High Commissioner, the Human Rights Council and its mechanisms, and the
Organization of American States and the Inter-American Commission on Human Rights,
including by granting unfettered access throughout the country and facilitating visits, and to
positively consider the recommendations made in their reports and offers of technical
assistance, and to strengthen its cooperation with relevant treaty bodies;
9. Also calls upon the Government of Nicaragua to prevent, refrain from and
publicly condemn, investigate and punish any acts of intimidation or reprisal, including
against those who cooperate or seek to cooperate with international and regional bodies, in
particular the United Nations, its representatives and mechanisms in the field of human rights,
or with the Organization of American States or the Inter-American Commission on Human
Rights;
10. Further calls upon the Government of Nicaragua to ensure a wide, credible,
representative, inclusive and transparent national dialogue with the participation of all
parties, and urges the Government to implement fully the agreements reached with the Civic
Alliance for Justice and Democracy in March 2019, and in this regard requests the
international community to support those efforts;
11. Urges the Government of Nicaragua and relevant electoral institutions to
undertake and implement legal and institutional reforms to ensure free, fair, transparent and

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credible elections, in accordance with international standards, that include the presence of
independent national and international electoral observers;
12. Encourages continued and strengthened cooperation between the Inter-
American Commission on Human Rights and the Human Rights Council and its mechanisms
for the promotion and protection of human rights in Nicaragua;
13. Requests the High Commissioner to enhance monitoring by the Office of the
High Commissioner and to continue to report on the situation of human rights in Nicaragua,
including by preparing a comprehensive written report that assesses progress and challenges
regarding that situation, and to present it to the Human Rights Council at its forty-sixth
session, to be followed by an interactive dialogue, and to present an oral update on the
situation of human rights to the Council at its forty-fourth and forty-fifth sessions.
44th meeting
19 June 2020
[Adopted by a recorded vote of 24 to 4, with 19 abstentions. The voting was as follows:
In favour:
Afghanistan, Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile,
Czechia, Denmark, Fiji, Germany, Italy, Japan, Marshall Islands, Mexico,
Netherlands, Peru, Poland, Republic of Korea, Slovakia, Spain, Ukraine,
Uruguay
Against:
Eritrea, Philippines, Somalia, Venezuela (Bolivarian Republic of)
Abstaining:
Angola, Armenia, Bahrain, Bangladesh, Burkina Faso, Cameroon, Democratic
Republic of the Congo, India, Indonesia, Libya, Mauritania, Namibia, Nepal,
Nigeria, Pakistan, Qatar, Senegal, Sudan, Togo]

43/3. Ensuring accountability and justice for all violations of


international law in the Occupied Palestinian Territory,
including East Jerusalem
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling the relevant rules and principles of international law, including international
humanitarian law and human rights law, in particular the Geneva Convention relative to the
Protection of Civilian Persons in Time of War of 12 August 1949, which is applicable to the
Occupied Palestinian Territory, including East Jerusalem,
Recalling also the Universal Declaration of Human Rights and the other human rights
covenants, including the International Covenant on Civil and Political Rights, the
International Covenant on Economic, Social and Cultural Rights and the Convention on the
Rights of the Child,
Recalling further the statement of 15 July 1999 and the declarations adopted on 5
December 2001 and 17 December 2014 at the Conference of High Contracting Parties to the
Fourth Geneva Convention on measures to enforce the Convention in the Occupied
Palestinian Territory, including East Jerusalem, at which the High Contracting Parties
reaffirmed, inter alia, their commitment to uphold their obligation to ensure respect for the
Convention in the Occupied Palestinian Territory, including East Jerusalem,
Recalling its relevant resolutions, including resolutions S-9/1 of 12 January 2009,
19/17 of 22 March 2012, S-21/1 of 23 July 2014 and S-28/1 of 18 May 2018,


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Recalling also the reports of the independent international commission of inquiry on


the protests in the Occupied Palestinian Territory, 5 the independent commission of inquiry
on the 2014 Gaza conflict, 6 the independent international fact-finding mission to investigate
the implications of Israeli settlements on the civil, political, economic, social and cultural
rights of the Palestinian people throughout the Occupied Palestinian Territory, including East
Jerusalem, 7 and the United Nations Fact-Finding Mission on the Gaza Conflict, 8
Recalling further the advisory opinion rendered on 9 July 2004 by the International
Court of Justice on the legal consequences of the construction of a wall in the Occupied
Palestinian Territory,
Recognizing the work of Palestinian, Israeli and international civil society actors and
human rights defenders in documenting and countering violations of international law in the
Occupied Palestinian Territory, including East Jerusalem,
Affirming the obligation of all parties to respect international humanitarian law and
international human rights law,
Emphasizing the importance of the safety and well-being of all civilians, and
reaffirming the obligation to ensure the protection of civilians in armed conflict,
Gravely concerned by reports regarding serious human rights violations and grave
breaches of international humanitarian law, including possible war crimes and crimes against
humanity, including the findings of the independent international commissions of inquiry,
fact-finding missions and boards of inquiry convened by the Secretary-General,
Condemning all violations of human rights and of international humanitarian law, and
appalled at the widespread and unprecedented levels of destruction, death and human
suffering caused in the Occupied Palestinian Territory, including East Jerusalem,
Stressing the urgency of achieving without delay an end to the Israeli occupation that
began in 1967, and affirming that this is necessary in order to uphold human rights and
international law,
Deploring the non-cooperation by Israel with all Human Rights Council fact-finding
missions and independent commissions of inquiry, and its refusal to grant access to and
cooperate with international human rights bodies and a number of United Nations special
procedures seeking to investigate alleged violations of international law in the Occupied
Palestinian Territory, including East Jerusalem,
Regretting the lack of implementation of the recommendations contained in the
reports of the independent commissions of inquiry and fact-finding missions, which follows
a pattern of lack of implementation of recommendations made by United Nations
mechanisms and bodies,
Alarmed that long-standing systemic impunity for international law violations has
allowed for the recurrence of grave violations without consequence, and stressing the need
to ensure accountability for all violations of international humanitarian law and international
human rights law in order to end impunity, ensure justice, deter further violations, protect
civilians and promote peace,
Regretting the lack of progress in the conduct of domestic investigations in accordance
with international law standards, and aware of the existence of numerous legal, procedural
and practical obstacles in the Israeli civil and criminal legal system contributing to the denial
of access to justice for Palestinian victims and of their right to an effective judicial remedy,
Emphasizing the need for States to investigate and prosecute grave breaches of the
Geneva Conventions of 1949 and other serious violations of international humanitarian law,
to end impunity, to uphold their obligations to ensure respect and to promote international
accountability,

5 A/HRC/40/74.
6 A/HRC/29/52.
7 A/HRC/22/63.
8 A/HRC/12/48.

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Noting the accession by the State of Palestine on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recognizing the importance of the right to life and the right to freedom of peaceful
assembly and association to the full enjoyment of all human rights,
1. Calls upon all duty bearers and United Nations bodies to pursue the
implementation of the recommendations contained in the reports of the independent
international commission of inquiry on the protests in the Occupied Palestinian Territory, the
independent commission of inquiry on the 2014 Gaza conflict, the independent international
fact-finding mission to investigate the implications of Israeli settlements on the civil,
political, economic, social and cultural rights of the Palestinian people throughout the
Occupied Palestinian Territory, including East Jerusalem, and the United Nations Fact-
Finding Mission on the Gaza Conflict, in accordance with their respective mandates;
2. Notes the importance of the work of the independent international commission
of inquiry on the protests in the Occupied Palestinian Territory, the independent commission
of inquiry on the 2014 Gaza conflict, the independent international fact-finding mission to
investigate the implications of Israeli settlements on the civil, political, economic, social and
cultural rights of the Palestinian people throughout the Occupied Palestinian Territory,
including East Jerusalem, and the United Nations Fact-Finding Mission on the Gaza Conflict,
and of the information collected regarding grave violations in support of future accountability
efforts, in particular information on alleged perpetrators of violations of international law;
3. Emphasizes the need to ensure that all those responsible for violations of
international humanitarian law and international human rights law are held to account
through appropriate, fair and independent national or international criminal justice
mechanisms, and to ensure the provision of effective remedy to all victims, including full
reparations, and stresses the need to pursue practical steps towards these goals to ensure
justice for all victims and to contribute to the prevention of future violations;
4. Stresses that all efforts to end the Israeli-Palestinian conflict should be
grounded in respect for international humanitarian law and international human rights law,
and should ensure credible and comprehensive accountability for all violations of
international law in order to bring about sustainable peace;
5. Takes note of the conclusion by the International Criminal Court of its
preliminary examination into the situation in Palestine on 20 December 2019, with the
determination that all statutory criteria under the Rome Statute for the opening of an
investigation had been met, emphasizes the importance of respecting the Court’s mandate
and the Prosecutor’s independence, and calls upon the parties concerned to cooperate fully
with any investigation that may be opened;
6. Denounces all acts of intimidation, threats and delegitimization directed at
human rights organizations, civil society actors and human rights defenders involved in
documenting and countering violations of international law and impunity in the Occupied
Palestinian Territory, including East Jerusalem, and calls upon all States to ensure their
protection;
7. Condemns the use of unlawful lethal and other excessive force against
civilians, including against civilians with special protected status under international law,
who pose no imminent threat to life;
8. Calls upon all parties to ensure that future demonstrations remain peaceful and
to abstain from actions that could endanger the lives of civilians;
9. Calls upon all States to promote compliance with international law and all
High Contracting Parties to the Fourth Geneva Convention to respect, and to ensure respect
for, international humanitarian law in the Occupied Palestinian Territory, including East
Jerusalem, in accordance with article 1 common to the Geneva Conventions, to fulfil their
obligations under articles 146, 147 and 148 of the said Convention with regard to penal
sanctions, grave breaches and the responsibilities of the High Contracting Parties, including
by ensuring that they do not become involved in internationally unlawful conduct, and to


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assess the potential that arms could be used to commit or facilitate a serious violation of
international humanitarian or human rights law;
10. Requests the United Nations High Commissioner for Human Rights to report
on how all parties can fulfil their obligations in implementing the recommendations reviewed
by the High Commissioner in 2017, 9 including measures of accountability and legal measures
to be taken by states to ensure respect by Israel, and all other relevant parties, of their
obligations under international law in the Occupied Palestinian Territory including East
Jerusalem, and to present a report to the Council at its forty-sixth session, to be followed by
an interactive dialogue;
11. Decides to remain seized of the matter.
44th meeting
19 June 2020
[Adopted by a recorded vote of 22 to 8, with 17 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Bahrain, Bangladesh, Burkina
Faso, Chile, Eritrea, Indonesia, Libya, Mauritania, Mexico, Namibia, Nigeria,
Pakistan, Peru, Qatar, Senegal, Somalia, Sudan, Venezuela (Bolivarian
Republic of)
Against:
Australia, Austria, Brazil, Bulgaria, Czechia, Fiji, Togo, Ukraine
Abstaining:
Bahamas, Cameroon, Democratic Republic of the Congo, Denmark, Germany,
India, Italy, Japan, Marshall Islands, Nepal, Netherlands, Philippines, Poland,
Republic of Korea, Slovakia, Spain, Uruguay]

43/4. Freedom of opinion and expression: mandate of the Special


Rapporteur on the promotion and protection of the right to
freedom of opinion and expression
The Human Rights Council,
Recalling Human Rights Council resolutions 7/36 of 28 March 2008, 12/16 of 2
October 2009, 16/4 of 24 March 2011, 23/2 of 13 June 2013, 25/2 of 27 March 2014 and
34/18 of 24 March 2017, and all previous resolutions of the Commission on Human Rights
and the Council on the right to freedom of opinion and expression,
Recognizing that the effective exercise of the right to freedom of opinion and
expression, as enshrined in the International Covenant on Civil and Political Rights and the
Universal Declaration of Human Rights, is essential for the enjoyment of other human rights
and freedoms and constitutes a fundamental pillar for building a democratic society and
strengthening democracy, bearing in mind that all human rights are universal, indivisible,
interdependent and interrelated,
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 or her
duties in accordance with those resolutions and the annexes thereto,
1. Welcomes the work of the Special Rapporteur on the promotion and protection
of the right to freedom of opinion and expression; 10
2. Decides to extend the mandate of the Special Rapporteur for a further period
of three years;

9 See A/HRC/35/19.
10 See A/HRC/41/35 and Adds.1–4.

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3. Urges all States to cooperate fully with and assist the Special Rapporteur in the
performance of his or her tasks, to provide all necessary information requested by him or her
and to consider favourably his or her requests for visits and for implementing his or her
recommendations;
4. Requests the Secretary-General to provide the assistance necessary to the
Special Rapporteur to fulfil the mandate, in particular by placing adequate human and
material resources at his or her disposal;
5. Requests the Special Rapporteur to submit an annual report to the Human
Rights Council and to the General Assembly covering all activities relating to his or her
mandate, with a view to maximizing the benefits of the reporting process;
6. Decides to continue its consideration of the issue of the right to freedom of
opinion and expression in accordance with its programme of work.
44th meeting
19 June 2020
[Adopted without a vote.]

43/5. Birth registration and the right of everyone to recognition


everywhere as a person before the law
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the human right of everyone to be recognized everywhere as a person
before the law, which is enshrined in, inter alia, the Universal Declaration of Human Rights,
the International Covenant on Civil and Political Rights, the Convention on the Rights of the
Child and the Convention on the Rights of Persons with Disabilities, and recalling the
International Covenant on Economic, Social and Cultural Rights, the Convention on the
Elimination of All Forms of Discrimination against Women, the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
Convention on the Reduction of Statelessness and other relevant international instruments,
Recalling the obligation of States to register all children, without discrimination of
any kind, immediately after birth, which is an important element of the protection and
realization of all human rights, as provided for in the International Covenant on Civil and
Political Rights, the Convention on the Rights of the Child, the International Convention on
the Protection of the Rights of All Migrant Workers and Members of Their Families and
other relevant international instruments to which they are party,
Recalling also the resolutions adopted by the General Assembly and the Human
Rights Council in which they called upon States to ensure the registration of all children
immediately after birth, and without discrimination of any kind, the most recent being
Assembly resolution 74/133 of 18 December 2019 and Council resolution 34/15 of 24 March
2017,
Recognizing that birth registration and the right to recognition everywhere as a person
before the law are closely linked to the realization of all other human rights, and therefore
underlining the importance of a human rights-based approach to birth registration, based on
international human rights obligations and commitments operationally directed at respecting,
promoting, protecting and fulfilling human rights, and at preventing human rights violations,
Welcoming the commitment of States to leave no one behind, and recalling that the
provision of legal identity for all, including birth registration, is included as the standalone
target 16.9 in the 2030 Agenda for Sustainable Development under Sustainable Development
Goal 16, and taking note with interest of the report entitled “Birth Registration for Every
Child by 2030: Are we on track?”, published by the United Nations Children’s Fund in 2019,


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Recognizing that the full implementation of this target will have both a direct and an
indirect impact on the achievement of other targets and goals, inter alia social protection,
protection in emergencies, access to financial and economic resources, the elimination of all
forms of discrimination and violence against women and children everywhere, and access to
quality education,
Welcoming the continuing efforts of the Committee on the Rights of the Child and
other treaty-based bodies towards universal birth registration, such as through
recommendations widely addressed to States in this regard,
Recognizing the importance of birth registration, including late birth registration and
the provision of documents of proof of birth, as a means of providing an official record of
the existence of a person and the recognition of that individual as a person before the law,
and as a critical means of preventing statelessness,
Expressing concern that unregistered individuals may have limited or no access to
services and the enjoyment of all the rights to which they are entitled, including the rights to
a name and to acquire a nationality, and rights relating to health, education, property and
inheritance, social welfare, work and political participation, and taking into consideration
that registering a person’s birth is a vital step towards respect for and the protection and
fulfilment of all their human rights, and that persons without birth registration are more
vulnerable to poverty, marginalization, exclusion, discrimination, violence, statelessness,
abduction, sale, exploitation and abuse, including when they take the form of child labour,
human trafficking, child, early and forced marriage, other harmful practices, illegal adoption
and child recruitment,
Bearing in mind that certain groups, such as nomadic and border populations,
minorities, refugees, internally displaced persons, migrants, abandoned, orphaned,
unaccompanied or separated children, indigenous peoples and persons with disabilities are at
particular risk of statelessness because their situation makes it difficult for them to register
births or to obtain related documents, thereby hindering the full realization of their human
rights,
Recognizing that armed conflict and emergencies can be a cause and a consequence
of statelessness, rendering women and girls particularly vulnerable to various forms of abuse
in both the private and public domains, and that statelessness can arise when women’s
experience of conflict intersects with discrimination with regard to nationality rights, such as
laws that require women to change nationality upon marriage or its dissolution or that deny
them the ability to pass on their nationality,
Being fully aware of the fact that non-registration of children at birth may represent a
major impediment to the enjoyment of civil, political, social, economic and cultural rights,
Recognizing that free birth registration and free or low-fee late birth registration are
part of a comprehensive civil registration system that facilitates the development of vital
statistics and the effective planning and implementation of programmes and policies intended
to promote better governance and to achieve internationally agreed development goals,
Recognizing also that non-governmental organizations, professional associations, the
media, the private sector and other members of civil society, including those involved in
public-private partnerships, can also contribute to the improvement and promotion of
community awareness of birth registration in a manner that reflects national priorities and
strategies,
1. Expresses deep concern at the fact that, according to the United Nations
Children’s Fund, nearly 237 million children still do not have a birth certificate despite
ongoing efforts to increase the global rate of birth registration;
2. Reminds States of their obligation to register all births without discrimination
of any kind, and also reminds States that birth registration should take place immediately
after birth, in the country where children are born, including the children of migrants, non-
nationals, asylum seekers, refugees and stateless persons, in accordance with international
human rights law and national law, and that late birth registration should be limited to those
cases that would otherwise result in a lack of registration;

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3. Reaffirms that the provision of legal identity for all, including birth registration
by 2030, can contribute to prevent, inter alia, poverty, marginalization, exclusion,
discrimination, violence, statelessness, illegal adoption, abduction, sale, exploitation and
abuse, including when they take the form of child labour, human trafficking, child, early and
forced marriage and other harmful practices, and child recruitment, and can also assist in the
reunification of families separated by conflict, disaster or humanitarian crisis;
4. Welcomes the report of the United Nations High Commissioner for Human
Rights on best practices and specific measures to ensure access to birth registration,
particularly for those children most at risk, 11 in which the High Commissioner addressed the
situation of children marginalized and living in situations of conflict, poverty, emergency or
vulnerability, including girls, children belonging to minority groups, children with
disabilities, indigenous children, and children of migrants, asylum seekers, refugees and
stateless persons;
5. Calls upon States:
(a) To identify and reform laws or policies that discriminate against women and
children and compromise access to birth registration and the realization of their right to
recognition everywhere as a person before the law;
(b) To identify and remove physical, administrative, procedural, practical and any
other barriers that discriminate or impede access to birth registration, in order to ensure that
birth registration procedures are universal, accessible, simple, expeditious, effective and
provided at minimal or no cost, to remove documentation requirements that are difficult or
impossible to fulfil, and to pay due attention to, inter alia, those barriers relating to gender,
indigeneity, culture, religion, poverty, social or economic status, disability, women’s equal
nationality rights, age, adoption processes, nationality, statelessness, displacement, illiteracy,
detention contexts, armed conflict and humanitarian situations, and to persons in vulnerable
situations;
(c) To establish or strengthen existing institutions at all levels responsible for birth
registration, including through the development of comprehensive civil registration systems
and the preservation and security of such records, to ensure adequate training for registration
officers, to allocate sufficient and adequate human, technical and financial resources to fulfil
their mandate, and to increase the accessibility of birth registration facilities within its
territory and, in accordance with relevant international and national laws, abroad, either by
increasing the number or through other means, such as mobile birth registration officials in
rural areas, promoting community awareness and working to address the barriers faced by
persons who may be in vulnerable situations, such as women and girls, persons with
disabilities, indigenous children, children belonging to minorities, children of migrants,
asylum seekers, refugees and stateless persons, in their access to birth registration;
(d) To implement targeted programmes to reach children living in the most remote
and excluded circumstances, including by integrating the provision of birth registration with
the delivery of other essential services, particularly health services, and utilizing mobile
registration units, technology and other innovative solutions to advance decentralized
registration procedures;
(e) To take all appropriate measures to permanently store and protect civil
registration records and to prevent the loss or destruction of records due to, inter alia,
emergency or armed conflict situations, including through the use of digital and new
technologies as a means to facilitate and universalize access to birth registration, to prevent
the loss of children’s personal data and to ensure continuity of birth registration during and
after situations of conflict and humanitarian crisis, and also to strengthen civil registration
and vital statistics, which are key for the collection of disaggregated data for monitoring the
Sustainable Development Goals;

11 A/HRC/39/30.


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(f) To ensure that only the minimum information necessary to uphold an


individual’s rights is recorded on birth certificates, such as the child’s name, gender, date and
place of birth, and, when available, the parents’ names, citizenship and addresses;
(g) To assess potential risks to privacy and to take steps to protect individuals from
discrimination and harm when determining the information included in a birth certificate,
particularly details concerning origin, gender, race, ethnicity, social origin, language, religion
and parents’ marital status, and to protect personal information obtained through birth
registration or other civil registration processes that may be used to discriminate against an
individual;
(h) To raise awareness of birth registration continuously at the national, regional
and local levels, including by engaging in collaboration with all relevant actors, such as
national human rights institutions, the public and private sectors and civil society
organizations, in public campaigns that raise awareness of the importance of birth registration
for effective access to services and the enjoyment of human rights;
(i) To ensure that lack of birth registration or documents of proof of birth does not
constitute an obstacle to access to and the enjoyment of relevant national services and
programmes, in accordance with national and international human rights law;
(j) To ensure individual documentation, including in post-conflict and other
migration flows, of internally displaced women, refugee and asylum-seeking women and
separated and unaccompanied girls and other marginalized groups, and also to ensure the
timely and equal registration of all births, marriages, divorces and deaths;
(k) To make every effort to tackle the differences found in the prevalence of birth
registration between boys and girls;
(l) To strengthen global partnerships and to provide the cooperation and
assistance necessary to enhance technical capacity-building with a view to attaining
Sustainable Development Goal target 16.9 by 2030;
6. Encourages States to ensure that registration documents are accessible,
comprehensible and available in minority and local languages, whenever possible;
7. Invites States and other relevant stakeholders to work towards ensuring
universal birth registration through, inter alia, cooperation, innovation, the exchange of good
practices and technical assistance, including through the universal periodic review and other
relevant mechanisms of the Human Rights Council;
8. Encourages States to request technical assistance, if required, from relevant
United Nations bodies, agencies, funds and programmes and other relevant stakeholders in
order to fulfil their obligation to undertake birth registration as a means of respecting the right
of everyone to be recognized everywhere as a person before the law;
9. Invites States and other actors to consider endorsing the Principles on
Identification for Sustainable Development, which aim to strengthen identification systems
and to foster cooperation around the implementation of the Sustainable Development Goals;
10. Invites relevant United Nations agencies, funds and programmes and other
relevant stakeholders to cooperate with States in providing technical assistance, upon request,
and calls upon them to ensure that persons with no birth registration are not discriminated
against in any of their programmes;
11. Requests the High Commissioner to identify and actively pursue opportunities
to collaborate with the United Nations Statistics Division and other relevant United Nations
agencies, funds and programmes, as well as other relevant stakeholders, in order to strengthen
existing policies and programmes aimed at universal birth registration and vital statistics
development, and to ensure that they are based on international standards, taking into account
best practices, and are implemented in accordance with relevant international human rights
obligations;

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12. Decides to consider this issue, in accordance with its programme of work, at
its fifty-second session.
44th meeting
19 June 2020
[Adopted without a vote.]

43/6. Human rights of migrants: mandate of the Special


Rapporteur on the human rights of migrants
The Human Rights Council,
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, religion or national origin,
Recalling all international norms and standards relevant to the human rights of
migrants,
Recalling also Commission on Human Rights resolutions 1999/44 of 27 April 1999,
2002/62 of 25 April 2002 and 2005/47 of 19 April 2005, General Assembly and Human
Rights Council resolutions on the human rights of migrants, and Council resolutions 8/10 of
18 June 2008, 17/12 of 17 June 2011, 26/19 of 26 June 2014 and 34/21 of 24 March 2017
entitled “Human rights of migrants: mandate of the Special Rapporteur on the human rights
of migrants”,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March
2006,
Recalling its resolutions 5/1, on the 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,
Resolved to ensure respect for the human rights and fundamental freedoms of all
migrants,
1. Decides to extend for a period of three years, effective from the end of its forty-
fourth session, the mandate of the Special Rapporteur on the human rights of migrants, with
the following functions:
(a) To examine ways and means to overcome the obstacles existing to the full and
effective protection of the human rights of migrants, recognizing the particular vulnerability
of women, children and those undocumented or in an irregular situation;
(b) To request and receive information from all relevant sources, including
migrants themselves, on violations of the human rights of migrants and their families;
(c) To formulate appropriate recommendations to prevent and remedy violations
of the human rights of migrants, wherever they may occur;
(d) To promote the effective application of relevant international norms and
standards on the issue;
(e) To recommend actions and measures applicable at the national, regional and
international levels to eliminate violations of the human rights of migrants;
(f) To take into account a gender perspective when requesting and analysing
information, and to give special attention to the occurrence of multiple forms of
discrimination and violence against migrant women;
(g) To give particular emphasis to recommendations on practical solutions with
regard to the implementation of the rights relevant to the mandate, including by identifying
best practices and concrete areas and means for international cooperation;


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(h) To report regularly to the Human Rights Council, according to its annual
programme of work, and to the General Assembly, bearing in mind the utility of maximizing
the benefits of the reporting process;
2. Requests the Special Rapporteur, in carrying out the mandate, to take into
consideration relevant human rights instruments of the United Nations to promote and protect
the human rights of migrants;
3. Also requests the Special Rapporteur, in carrying out the mandate, to request,
receive and exchange information on violations of the human rights of migrants from
Governments, treaty bodies, specialized agencies, special rapporteurs for various human
rights questions and from intergovernmental organizations, other competent organizations of
the United Nations system and non-governmental organizations, including migrants’
organizations, and to respond effectively to such information;
4. Further requests the Special Rapporteur, as part of his or her activities, to
continue his or her programme of visits, which contribute to improving the protection
afforded to the human rights of migrants and to the broad and full implementation of all
aspects of the mandate;
5. Requests the Special Rapporteur, in carrying out the mandate, to take into
account bilateral, regional and international initiatives that address issues relating to the
effective protection of human rights of migrants, including the return and reintegration of
migrants who are undocumented or in an irregular situation;
6. Encourages Governments to give serious consideration to inviting the Special
Rapporteur to visit their countries so as to enable him or her to fulfil the mandate effectively;
7. Also encourages Governments to cooperate fully with the Special Rapporteur
in the performance of the tasks and duties mandated, to furnish all information requested, to
consider the implementation of the recommendations contained in the reports of the Special
Rapporteur, and to react promptly to his or her urgent appeals;
8. Requests all relevant mechanisms to cooperate with the Special Rapporteur;
9. Requests the Secretary-General to give the Special Rapporteur all the human
and financial assistance necessary for the fulfilment of the mandate.
44th meeting
19 June 2020
[Adopted without a vote.]

43/7. Right to work

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 the Vienna Declaration
and Programme of Action, and recalling all international human rights instruments relevant
to the right to work, in particular the International Covenant on Economic, Social and
Cultural Rights and the 2030 Agenda for Sustainable Development,
Reaffirming also previous Human Rights Council resolutions on the right to work, the
most recent being resolution 37/16 of 22 March 2018,
Recalling General Assembly resolution 63/199 of 19 December 2008, entitled
“International Labour Organization Declaration on Social Justice for a Fair Globalization”,
and Economic and Social Council resolutions 2007/2 of 17 July 2007, on the role of the
United Nations system in providing full and productive employment and decent work for all,
and 2008/18 of 24 July 2008, on promoting full employment and decent work for all,
Recalling also the International Labour Organization Declaration on Fundamental
Principles and Rights at Work and the follow-up thereto, adopted by the International Labour
Conference at its eighty-sixth session, on 18 June 1998, the Declaration on Social Justice for

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a Fair Globalization, adopted by the Conference at its ninety-seventh session, on 10 June


2008, the Global Jobs Pact, adopted by the Conference at its ninety-eighth session, on 19
June 2009, and the Centenary Declaration for the Future of Work, adopted by the Conference
at its 108th session, on 21 June 2019,
Recognizing the primary role, mandate, expertise and specialization of the
International Labour Organization within the United Nations system and through its unique
tripartite structure in relation to the promotion of decent work and full and productive
employment for all, and recalling its initiatives and activities in that regard, including the
Decent Work Agenda, and the centenary initiatives of the Organization,
Acknowledging the work of the treaty bodies, in particular the Committee on
Economic, Social and Cultural Rights, in relation to the right to work,
Acknowledging also the work of United Nations agencies, funds and programmes, in
particular the International Labour Organization, in supporting the efforts of States to
promote inclusive, sustained economic growth, full and productive employment and decent
work for all and the full realization of the right to work, and recognizing the important
contributions made by the United Nations Entity for Gender Equality and the Empowerment
of Women in relation to the realization of the right to work for women,
Reaffirming that all human rights, civil, cultural, economic, political and social rights,
including the right to development, are universal, indivisible, interdependent, interrelated 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,
Emphasizing that States should undertake to guarantee that the right to work is to be
exercised without discrimination of any kind as to race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status,
Emphasizing also that the right to work is not only essential for realizing other human
rights but also an inseparable and inherent part of human dignity and social justice, and is
important in ensuring the satisfaction of human needs and values that are central to a dignified
life,
Recognizing that full and productive employment and decent work for all are key
elements of poverty-reduction strategies that facilitate the achievement of the internationally
agreed development goals, in particular the 2030 Agenda for Sustainable Development, and
that they require a multidimensional focus that incorporates Governments, representatives of
employers and workers, the private sector, national human rights institutions, civil society
organizations and international organizations, in particular the agencies of the United Nations
system and international financial institutions,
Recognizing also that, on the one hand, the development of automation enabled by
advanced technologies, including robotics and artificial intelligence, brings the promise of
higher productivity, job creation, better services and improved well-being, while on the other,
it entails challenges that may have a broader impact on jobs, skills, wages and the nature of
work itself that may vary widely across different regions and within countries,
Recognizing further that climate change poses an existential threat for some, and has
already had an adverse impact on the full and effective enjoyment of the human rights
enshrined in the Universal Declaration of Human Rights, including the right to work,
Acknowledging that the World Programme of Action for Youth to the Year 2000 and
Beyond provided a policy framework and practical guidelines for national action and
international support to improve the situation of young people, and such recent international
initiatives as the Global Initiative on Decent Jobs for Youth, led by the International Labour
Organization, and the United Nations Youth Strategy, which considers decent work one of
its priorities,


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1. Takes note of the report of the United Nations High Commissioner for Human
Rights on the relationship between the realization of the right to work and the enjoyment of
all human rights by young people; 12
2. Reaffirms, as enshrined in the International Covenant on Economic, Social and
Cultural Rights, the right to work, which includes the right of everyone to the opportunity to
gain his or her living by work that he or she freely chooses or accepts, and that States should
take appropriate steps to progressively achieve the full realization of that right, including
technical and vocational guidance and training programmes, policies and techniques, to
achieve steady economic, social and cultural development and full and productive
employment under conditions safeguarding the fundamental political and economic freedoms
of the individual;
3. Also reaffirms, as enshrined in the International Covenant on Economic, Social
and Cultural Rights, the right of everyone to the enjoyment of just and favourable conditions
of work that ensure, in particular, remuneration that provides all workers, as a minimum, with
fair wages and equal remuneration for work of equal value without distinction of any kind,
in particular women being guaranteed conditions of work not inferior to those enjoyed by
men, with equal pay for equal work; a decent living for themselves and their families; safe
and healthy working conditions; equal opportunity for everyone to be promoted in his or her
employment to an appropriate higher level, subject to no considerations other than those of
seniority and competence; and rest, leisure and reasonable limitation of working hours and
periodic holidays with pay, and remuneration for public holidays;
4. Further reaffirms that States have the primary responsibility to ensure the full
realization of all human rights and to endeavour to take steps, individually and through
international assistance and cooperation, especially economic and technical, to the maximum
of their available resources, with a view to progressively achieving the full realization of the
right to work by all appropriate means, including in particular the adoption of legislative
measures;
5. Stresses that the freedom to work, which is included in the right to work, entails
the right to pursue professional options under equal conditions, especially for those whose
freedom is frequently compromised by discriminatory legal provisions or forced labour, in
particular women, young people and persons with disabilities;
6. Also stresses that States, as provided for by the relevant international legal
instruments, should prohibit forced and compulsory labour and punish perpetrators for its use
in all its forms, and seek to provide appropriate support to victims;
7. Emphasizes that the right to work entails, inter alia, the right not to be deprived
of work arbitrarily and unfairly, and that States, in accordance with the relevant obligations
in relation to the right to work, are required to put in place appropriate measures ensuring the
protection of workers against unlawful dismissal;
8. Underscores the equal right of men and women to the enjoyment of all human
rights, including the right to work, and that equal access to work is pivotal to the full
enjoyment of all human rights by women, while recognizing that women are on many
occasions subject to discrimination in the context of realizing their rights in that regard on an
equal basis with men and are disproportionately exposed to the most precarious working
conditions, including work in the informal economy, limited or no legal protection, lower
levels of representation in leadership and decision-making positions, lower levels of
remuneration and involuntary temporary and part-time employment, and are
disproportionately burdened with unpaid care and domestic work within the household and
the family, which may constitute on many occasions a barrier to women’s greater
involvement in the labour market;
9. Recognizes that progress has been made, yet is deeply concerned that many
persons with disabilities continue to face multiple and intersecting forms of inequality and
discrimination, including the lack of reasonable accommodation, which represent significant
obstacles to exercising their right to work on an equal basis with others, and that they are

12 A/HRC/40/31.

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frequently subject to less favourable conditions of pay, precarious, often informal working
conditions and poor career prospects in a context of environmental, social and economic
barriers in their access to work and within work, and in education and training, which results
on many occasions in neglect of their potential and restrictions on opportunities to earn a
living through their capabilities;
10. Stresses that States should protect young people from all forms of labour
exploitation and address the barriers that they face when seeking access to and participating
in the labour market, and ensure that they enjoy just and favourable conditions of work,
including safe and healthy working conditions and a fair wage that would ensure a decent
living, in accordance with article 7 of the International Covenant on Economic, Social and
Cultural Rights, and promote women’s pay equality by respecting the principle of equal pay
for work of equal value, as well as access to adequate social security, including maternity
protection;
11. Underscores the responsibility of the State to protect children from economic
exploitation and from performing any work that is likely to be hazardous or to interfere with
their education or to be harmful to their health or physical, mental, spiritual, moral or social
development, and to take additional measures to prevent the engagement of children in the
worst forms of child labour;
12. Recognizes that the right to work is interrelated with and interdependent on
other human rights, particularly the right to social security, the right to education and the
right to participate in public affairs, the realization of which would be essential in promoting
young people’s empowerment;
13. Notes with concern that, according to the most recent report of the International
Labour Organization, Global Employment Trends for Youth 2020, although there has been a
modest economic recovery, youth unemployment remains high and employment quality a
concern, and young people are three times as likely as adults to be unemployed, which
constitutes a serious global problem;
14. Expresses deep concern that inequalities are widening and there are not enough
jobs, including quality jobs, and emphasizes that full and productive employment and decent
work for young people play an important role in their empowerment and can contribute to,
inter alia, the prevention of extremism, terrorism and social, economic and political
instability, thus contributing to sustainable development and peace;
15. Stresses the fundamental importance of equal opportunities, education,
technical and vocational training, including the use of new technologies, and that lifelong
learning opportunities and guidance for all, including for women, young people and persons
with disabilities, are necessary for the realization of the right to work;
16. Encourages States to effectively implement the 2030 Agenda for Sustainable
Development, including its Goal 8 on promoting sustained, inclusive and sustainable
economic growth, full and productive employment and decent work for all, and its targets;
17. Stresses that the Sustainable Development Goals and the Addis Ababa Action
Agenda of the Third International Conference on Financing for Development promote
inclusive and sustained economic growth, higher levels of productivity and technological
innovation, and encourage entrepreneurship and job creation, which can be effective
measures to eradicate extreme poverty and hunger, forced labour, contemporary forms of
slavery and human trafficking, and that to ensure that no one is left behind, bearing these
targets in mind, the goal is to achieve full and productive employment and decent work for
all women and men by 2030;
18. Recognizes that employment should be a central objective of economic and
social policies at the national, regional and international levels for the sustainable eradication
of poverty and for providing an adequate standard of living, and emphasizes in that regard
the importance of relevant and inclusive social protection measures, including social
protection floors;
19. Also recognizes the fundamental importance of international cooperation,
including through technical cooperation, capacity-building and the exchange of relevant


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lessons learned and good practices, in advancing efforts towards the full realization of the
right to work through inclusive, sustainable economic growth, full and productive
employment and decent work for all;
20. Calls upon States to put in place cohesive and comprehensive policies and to
take the legislative and administrative measures necessary for the full realization of the right
to work for all, including women by, inter alia, considering undertaking policy commitments
and measures to obtain full and productive employment and decent work for all, including
through the establishment, where appropriate, of institutions for that purpose and by further
strengthening tools, such as job services and social dialogue mechanisms, while paying
continuous attention to professional and technical training and initiatives to foster small and
medium-sized enterprises, cooperatives and start-ups, including those that are owned by
women, and considering investing in infrastructure, services and social protection systems to
allow for and to promote equitable sharing of care responsibilities between men and women;
21. Encourages States to adopt proactive employment policies and partnerships
that aim at generating decent jobs, in particular for young people, and to consider putting in
place specialized services that assist them in identifying and securing available employment,
including by providing access to information channels, technology and job search
mechanisms, and that promote equality and accessibility;
22. Acknowledges that the promotion of greater involvement by young people,
without any discrimination in policymaking, law-making processes and in the leadership of
workers’ and employers’ organizations, is called for so that their views are taken into
account;
23. Highlights the vital role of the private sector in generating new investments,
job opportunities and financing for development and in advancing efforts towards the full
realization of the right to work and the promotion of inclusive, sustained economic growth,
full and productive employment and decent work for all, noting the multi-year strategy of the
United Nations Global Compact to drive business awareness and action in support of
achieving the Sustainable Development Goals and the Addis Ababa Action Agenda by 2030,
and noting the need to promote the implementation of the Guiding Principles on Business
and Human Rights and the Women’s Empowerment Principles established by the United
Nations Entity for Gender Equality and the Empowerment of Women, as applicable;
24. Recognizes the important contribution of workers’ and employers’
organizations in the area of full and productive employment and decent work for all, and the
importance of promoting equitable representation, participation and leadership in such
organizations;
25. Underscores that there is an urgent need to create an environment at the
national and international levels that is conducive to the attainment of full and productive
employment and decent work for all as a foundation for sustainable development, and that
an environment that supports investment, growth and entrepreneurship is essential to the
creation of new job opportunities for women and men, and reaffirms that opportunities for
all to obtain productive work in conditions of freedom, equity, security and human dignity
are essential to ensure the eradication of hunger and poverty, the realization of equality
between women and men, the improvement of economic and social well-being for all, the
achievement of sustained, inclusive and sustainable economic growth, and sustainable
development;
26. Calls upon States to continue their efforts to prevent and combat all forms of
discrimination and violence, including sexual harassment at the workplace, including by
adopting and implementing laws and policies and through training, awareness-raising and
support for women’s access to justice with respect to violence and sexual harassment, bearing
in mind that these continue to be among the factors that have an adverse impact on the
realization of the right to work for women;
27. Encourages States to take all appropriate measures to prohibit discrimination
in all matters concerning access to employment and job opportunities, including in relation
to equal conditions of pay, hiring and career advancement, and to pay particular attention to
women facing multiple intersecting forms of inequality and discrimination;

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28. Requests the United Nations High Commissioner for Human Rights to prepare
an analytical report, in consultation with States, relevant United Nations agencies, funds and
programmes, particularly the International Labour Organization, and the treaty bodies, the
special procedures, civil society, national human rights institutions and other stakeholders,
on the relationship between the realization of the right to work and the enjoyment of all
human rights by persons with disabilities, with an emphasis on their empowerment, in
accordance with States’ respective obligations under international human rights law, to
indicate the major challenges and best practices in that regard, and to submit the report in an
accessible format to the Human Rights Council prior to its forty-sixth session;
29. Decides to remain seized of the matter.
44th meeting
19 June 2020
[Adopted without a vote.]

43/8. Rights of persons belonging to national or ethnic, religious


and linguistic minorities: mandate of the Special Rapporteur
on minority issues
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Civil and Political Rights, the International Covenant on Economic, Social and Cultural
Rights, the Convention on the Rights of the Child, 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 Persons with
Disabilities and the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities, adopted by consensus by the General Assembly by its
resolution 47/135 of 18 December 1992,
Taking into consideration article 27 of the International Covenant on Civil and
Political Rights and other relevant existing international standards and national legislation,
Recalling all previous resolutions adopted by the General Assembly, the Commission
on Human Rights and the Human Rights Council on the rights of persons belonging to
national or ethnic, religious and linguistic minorities,
Recalling also 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 of 18 June 2007, and stressing that the mandate holder shall discharge his/her duties
in accordance with those resolutions and the annexes thereto,
Recalling further the paragraphs in the Vienna Declaration and Programme of Action
and the Durban Declaration and Programme of Action relating to the rights of persons
belonging to national or ethnic, religious and linguistic minorities,
Welcoming the adoption of the 2030 Agenda for Sustainable Development, of which
the Addis Ababa Action Agenda of the Third International Conference on Financing for
Development is an integral part, recalling that the Sustainable Development Goals and targets
seek to realize the human rights of all, and stressing the need for Member States to integrate
the 2030 Agenda into their respective national policies and development frameworks, as
appropriate, to promote the effective implementation of, follow-up to and review of the 2030
Agenda in order to ensure that no one is left behind,
Recalling the International Year of Indigenous Languages held in 2019, which drew
attention to the critical loss of indigenous languages and the urgent need to preserve,
revitalize and promote indigenous languages, including as an educational medium, and to
take further urgent steps to that end at the national and international levels,
Emphasizing the need to strengthen efforts to meet the goal of the full realization of
the rights of persons belonging to national or ethnic, religious and linguistic minorities,


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including by addressing their economic and social conditions and marginalization, and to end
any type of discrimination against them,
Recognizing that education in and the teaching of minority languages contribute to the
preservation of cultural and linguistic diversity as well as to social inclusion, equality for all,
social cohesion and the unity of the State for which knowledge of the official languages is a
factor,
Emphasizing the importance of recognizing and addressing multiple, aggravated and
intersecting forms of discrimination against persons belonging to national or ethnic, religious
and linguistic minorities and the compounded negative impact on the enjoyment of their
rights,
Emphasizing also the fundamental importance of human rights education, training and
learning, dialogue, including intercultural and interfaith dialogue, and interaction among all
relevant stakeholders and members of society relating to the promotion and protection of the
rights of persons belonging to national or ethnic, religious and linguistic minorities as an
integral part of the development of society as a whole, including through the sharing of best
practices relating to, inter alia, the promotion of mutual understanding of minority issues, the
management of diversity through the recognition of plural identities and the promotion of
inclusive, just, tolerant and stable societies and of social cohesion therein,
1. Takes note of the report of the Special Rapporteur on minority issues, 13 his
report on the recommendations of the Forum on Minority Issues at its twelfth session 14 and
his report submitted to the General Assembly at its seventy-fourth session; 15
2. Notes the completion, in November 2019, of the twelfth session of the Forum
on Minority Issues, addressing education, language and the human rights of minorities,
which, through the widespread participation of stakeholders, provided an important platform
for promoting dialogue on this topic, and encourages States to take into consideration the
relevant recommendations of the Forum;
3. Welcomes the report of the Office of the United Nations High Commissioner
for Human Rights on the rights of persons belonging to national or ethnic, religious and
linguistic minorities; 16
4. Commends the Special Rapporteur on minority issues for his work and for the
important role that he has played in raising the level of awareness of and in giving added
visibility to the rights of persons belonging to national or ethnic, religious and linguistic
minorities, and for his guiding role in the preparation and work of the Forum on Minority
Issues, which contributes to efforts to improve cooperation among all United Nations
mechanisms relating to the rights of persons belonging to minorities;
5. Calls upon States to undertake initiatives to ensure that persons belonging to
national or ethnic, religious and linguistic minorities are aware of and able to exercise their
rights as set out in the Declaration on the Rights of Persons Belonging to National or Ethnic,
Religious and Linguistic Minorities and in other international human rights obligations and
commitments, and recommends that all measures taken with a view to implementing the
Declaration be, to the fullest extent possible, developed, designed, implemented and
reviewed with the full, effective and equal participation of persons belonging to national or
ethnic, religious and linguistic minorities;
6. Urges States, while bearing in mind the theme of the twelfth session of the
Forum on Minority Issues, and with a view to enhancing the implementation of the
Declaration and to ensuring the realization of the rights of persons belonging to national or
ethnic, religious and linguistic minorities, including minority youth, to take appropriate
measures by, inter alia:

13 A/HRC/43/47.
14 A/HRC/43/62.
15 A/74/160.
16 A/HRC/43/28.

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(a) Taking legislative, policy or practical measures to ensure that persons


belonging to minorities have equal access to education of equal quality, delivered in an
inclusive environment that fosters greater achievement for all;
(b) Considering ratifying and acceding and adhering to relevant international and
regional human rights instruments that protect and promote the rights of persons belonging
to linguistic minorities, including those pertaining to the right to education;
(c) Providing, wherever possible, persons belonging to minorities with adequate
opportunities to learn their own language or to have instruction in their own language, while
ensuring that minorities also have access to instruction in official languages;
(d) Considering minority language education in the implementation of Goal 4 of
the Sustainable Development Goals, aimed at ensuring inclusive and equitable quality
education and promoting lifelong learning opportunities for all;
(e) Promoting educational environments that respect linguistic and cultural
diversity and freedom from discrimination, stigmatization, hatred and hate speech towards
persons belonging to minorities, including through public education and information
campaigns and by providing training for educators;
(f) Refraining from the forced assimilation of persons belonging to minorities
through, inter alia, the prohibition of education in or the teaching of the mother tongue of
minorities;
(g) Creating a safe and enabling environment for civil society representatives
working on the human rights of persons belonging to minorities in language matters and
monitoring the implementation of States’ obligations towards ensuring access to, education
in and the teaching of minority languages;
(h) Promoting access of persons belonging to minorities to administrative, legal
and health services by considering offering them also in minority languages;
(i) Ensuring that education is provided in sign language for the deaf community
where this is practicable;
(j) Developing and financing programmes for the development and training of
minority language teachers, and promoting such programmes among minority communities;
(k) Allocating the resources necessary to promote access to education in and the
teaching of minority languages;
(l) Ensuring that educational curricula do not include materials that stereotype
minorities, including women and girls belonging to minorities, on the basis of their ethnicity
or their gender;
(m) Taking all measures necessary to ensure access to minority language education
and teaching for women and girls of minority communities, where applicable, considering
the multiple and intersecting forms of discrimination, marginalization and exclusion to which
they are often subjected because of their gender and minority status;
7. Invites international and regional organizations to continue to pay attention to
the situations and rights of persons belonging to national or ethnic, religious and linguistic
minorities, and in this regard to take into consideration relevant recommendations of the
Forum on Minority Issues;
8. Welcomes the fact that the twelfth session of the Forum on Minority Issues was
fully interpreted in sign language, and stresses the importance that discussions at the Forum’s
sessions remain fully accessible to persons with disabilities;
9. Invites the Office of the High Commissioner, United Nations entities and
Member States to support and collaborate in the organization of regional forums on minority
issues in order to complement and enrich the work and recommendations of the Forum on
Minority Issues;
10. Welcomes the inter-agency cooperation among United Nations agencies, funds
and programmes on minority issues, led by the Office of the High Commissioner, and urges


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them to further increase their coordination and cooperation by, inter alia, developing policies
on the promotion and protection of the rights of persons belonging to national or ethnic,
religious and linguistic minorities, drawing also on relevant outcomes of the Forum on
Minority Issues and taking into account the work of relevant regional organizations;
11. Notes in particular in this regard the initiatives and activities of the United
Nations network on racial discrimination and the protection of persons belonging to national
or ethnic, religious and linguistic minorities, coordinated by the Office of the High
Commissioner and aimed at enhancing dialogue and cooperation between relevant United
Nations agencies, funds and programmes, and invites the network to continue to cooperate
with the Special Rapporteur on minority issues and the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance and to consult and
engage with persons belonging to national or ethnic, religious and linguistic minorities and
civil society actors;
12. Requests the High Commissioner to continue to present an annual report to the
Human Rights Council containing information on relevant developments of United Nations
human rights bodies and mechanisms, and on the activities undertaken by the Office of the
High Commissioner at headquarters and in the field that contribute to the promotion of and
respect for the provisions of the Declaration on the Rights of Persons Belonging to National
or Ethnic, Religious and Linguistic Minorities;
13. Requests the Secretary-General and the High Commissioner to continue to
provide all the human, technical and financial assistance necessary for the effective fulfilment
of the mandate of the Special Rapporteur on minority issues and for the activities of the Office
of the High Commissioner in the area of rights of persons belonging to national or ethnic,
religious and linguistic minorities;
14. Decides to extend the mandate of the Special Rapporteur on minority issues
for a period of three years under the same terms as provided for by the Human Rights Council
in its resolution 25/5;
15. Calls upon all States to cooperate with and assist the Special Rapporteur in the
performance of the tasks and duties mandated to him or her, to provide him or her with all
the necessary information requested and to seriously consider responding promptly and
favourably to the request of the Special Rapporteur to visit their countries in order to enable
him or her to fulfil his or her duties effectively;
16. Encourages specialized agencies, regional organizations, national human
rights institutions and non-governmental organizations to develop and maintain regular
dialogue and cooperation with the mandate holder, and to continue to contribute to the
promotion and protection of the rights of persons belonging to national or ethnic, religious
and linguistic minorities;
17. Requests the Secretary-General and the High Commissioner to provide all the
human, technical and financial assistance necessary for the effective fulfilment of the
mandate of the Special Rapporteur;
18. Decides to continue its consideration of this issue in accordance with its
programme of work.
44th meeting
19 June 2020
[Adopted without a vote.]

43/9. Promotion of the enjoyment of the cultural rights of


everyone and respect for cultural diversity

The Human Rights Council,


Guided by the purposes and principles of the Charter of the United Nations,

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Recalling 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 and all other relevant human rights
instruments,
Recalling also all relevant resolutions of the General Assembly, the Commission on
Human Rights and the Human Rights Council, including Assembly resolutions 64/81 of 7
December 2009 and 64/174 of 18 December 2009, and Council resolutions 10/23 of 26
March 2009, 14/9 of 18 June 2010, 17/15 of 17 June 2011, 19/6 of 22 March 2012, 20/11 of
5 July 2012, 23/10 of 13 June 2013, 25/19 of 28 March 2014, 28/9 of 26 March 2015, 31/12
of 23 March 2016, 34/2 of 23 March 2017, 37/12 of 22 March 2018 and 40/6 of 21 March
2019,
Noting the declarations within the United Nations system on cultural diversity and
international cultural cooperation, in particular the Declaration of the Principles of
International Cultural Cooperation and the Universal Declaration on Cultural Diversity,
adopted by the General Conference of the United Nations Educational, Scientific and
Cultural Organization in 1966 and 2001, respectively,
Welcoming the increasing number of States parties to the Convention on the Protection
and Promotion of the Diversity of Cultural Expressions, adopted by the General Conference
of the United Nations Educational, Scientific and Cultural Organization on 20 October 2005
and that entered into force on 18 March 2007,
Convinced that international cooperation in promoting and encouraging respect for
human rights and fundamental freedoms for all should be based on an understanding of the
economic, social and cultural specificities of each country and the full realization and
recognition of the universality of all human rights and the principles of freedom, justice,
equality and non-discrimination,
Recognizing that cultural diversity and the pursuit of cultural development by all
peoples and nations are a source of mutual enrichment for the cultural life of humankind,
Determined to treat human rights globally in a fair and equal manner, on the same
footing and with the same emphasis,
1. Reaffirms that cultural rights are an integral part of human rights, which are
universal, indivisible, interrelated and interdependent;
2. Recognizes the right of everyone to take part in cultural life and to enjoy the
benefits of scientific progress and its applications;
3. Reaffirms that, 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;
4. Recalls that, as expressed in the Universal Declaration on Cultural Diversity,
no one may invoke cultural diversity to infringe upon human rights guaranteed by
international law, nor to limit their scope;
5. Reaffirms that States have the responsibility to promote and protect cultural
rights, and that these rights should be guaranteed for all, without discrimination;
6. Recognizes that respect for the cultural diversity and cultural rights of all
enhances cultural pluralism, contributing to a wider exchange of knowledge and
understanding of cultural heritage and background, advancing the application and enjoyment
of human rights throughout the world and fostering stable, friendly relations among peoples
and nations worldwide;
7. Also recognizes that respect for and the promotion of cultural rights are
essential for development, peace, the eradication of poverty, building social cohesion and the
promotion of mutual respect, tolerance and understanding between individuals and groups,
in all their diversity;


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8. Emphasizes that the universal promotion and protection of human rights,


including cultural rights, and respect for cultural diversity should reinforce each other;
9. Calls upon all Governments to cooperate with and to assist the Special
Rapporteur in the field of cultural rights in the discharge of the mandate, to provide the
mandate holder with all the necessary information requested by her and to give serious
consideration to responding favourably to her requests to visit their countries in order to
enable her to fulfil her duties effectively;
10. 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 Special Rapporteur;
11. Requests the Special Rapporteur to continue to work, within her mandate, with
relevant stakeholders towards the comprehensive promotion and protection of cultural rights,
and to report regularly to the Human Rights Council and the General Assembly, in
accordance with their respective programmes of work;
12. Decides to continue its consideration of this matter under the same agenda item
in accordance with its programme of work.
44th meeting
19 June 2020
[Adopted without a vote.]

43/10. Mandate of 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

The Human Rights Council,


Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the Vienna Declaration and Programme of Action and other relevant international
human rights instruments,
Reaffirming all resolutions and decisions adopted by the Commission on Human
Rights and the Human Rights Council on the effects of structural adjustment and economic
reform policies and foreign debt on the full enjoyment of all human rights, particularly
economic, social and cultural rights, the latest being Council resolution 40/8 of 21 March
2019, and all other relevant resolutions,
Recalling 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 his or her
duties in accordance with those resolutions and the annexes thereto,
Stressing that one of the purposes of the United Nations is to achieve international
cooperation in solving international problems of an economic, social, cultural or
humanitarian character,
Emphasizing that the World Conference on Human Rights agreed to call upon the
international community to make all efforts to help to alleviate the external debt burden of
developing countries in order to supplement the efforts of the Governments of such countries
to attain the full realization of the economic, social and cultural rights of their people,
Stressing the primacy of the means of implementation for the 2030 Agenda for
Sustainable Development, and in this regard underlining the fundamental principles of
international cooperation, which are pivotal for the practical achievement of the Sustainable
Development Goals,
Stressing also the determination expressed in the 2030 Agenda to assist developing
countries in attaining long-term debt sustainability through coordinated policies aimed at

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fostering debt financing, debt relief and debt restructuring, as appropriate, and to address the
external debt of highly indebted poor countries to reduce debt distress,
Recognizing the commitments made in the Addis Ababa Action Agenda of the Third
International Conference on Financing for Development, and noting that, despite
international debt relief efforts, many countries remain vulnerable to debt crisis and some are
in the midst of a crisis, including a number of least developed countries, small island
developing States and some developed countries,
Recognizing also the sovereign right of any State to restructure its sovereign debt,
which should not be frustrated or impeded by any measure emanating from another State,
Affirming that debt burden further complicates the numerous problems facing
developing countries, contributes to extreme poverty and is an obstacle to sustainable human
development, and is thus a serious impediment to the realization of all human rights,
1. Expresses its appreciation for the work and contributions of 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; 17
2. Decides to extend the mandate of 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, for a period
of three years, in accordance with the terms provided for by Human Rights Council resolution
34/3;
3. Encourages the Independent Expert to cooperate, in accordance with the
mandate, with the Committee on Economic, Social and Cultural Rights, special rapporteurs,
independent experts and members of the expert working groups of the Human Rights Council
and its Advisory Committee on issues relating to economic, social and cultural rights and the
right to development;
4. Requests the Independent Expert to report regularly to the Human Rights
Council and the General Assembly in accordance with their respective programmes of work;
5. Requests the Secretary-General to provide the Independent Expert with all
necessary assistance, in particular all the staff and resources required to carry out his or her
functions;
6. Urges Governments, international organizations, international financial
institutions, non-governmental organizations and the private sector to cooperate fully with
the Independent Expert in the discharge of the mandate;
7. Decides to continue its consideration of this matter under the same agenda
item, in accordance with its programme of work.
44th meeting
19 June 2020
[Adopted by a recorded vote of 26 to 15, with 6 abstentions. The voting was as follows:
In favour:
Angola, Argentina, Bahrain, Bangladesh, Burkina Faso, Cameroon, Chile,
Democratic Republic of the Congo, Eritrea, Fiji, India, Indonesia, Libya,
Mauritania, Namibia, Nepal, Nigeria, Pakistan, Philippines, Qatar, Senegal,
Somalia, Sudan, Togo, Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Austria, Brazil, Bulgaria, Czechia, Denmark, Germany, Italy, Japan,
Netherlands, Poland, Republic of Korea, Slovakia, Spain, Ukraine
Abstaining:
Afghanistan, Armenia, Bahamas, Marshall Islands, Mexico, Peru]

17 See A/HRC/43/45 and Adds.1 and 2.


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43/11. The right to food


The Human Rights Council,
Recalling all previous resolutions of the General Assembly and the Human Rights
Council on the right to food, and all resolutions of the Commission on Human Rights on the
issue,
Recalling also the Universal Declaration of Human Rights, which provides that
everyone has the right to a standard of living adequate for his or her health and well-being,
including food, the Universal Declaration on the Eradication of Hunger and Malnutrition, the
United Nations Millennium Declaration, in particular Millennium Development Goal 1 on
eradicating extreme poverty and hunger by 2015, and the 2030 Agenda for Sustainable
Development, in particular the Sustainable Development Goals on ending hunger, achieving
food security and improved nutrition, and promoting sustainable agriculture and on ending
poverty in all its forms everywhere,
Recalling further the provisions of the International Covenant on Economic, Social
and Cultural Rights, in which the fundamental right of every person to be free from hunger
is recognized,
Reaffirming that all human rights are universal, indivisible, interdependent and
interrelated, and that they must be treated globally, in a fair and equal manner, on the same
footing and with the same emphasis,
Bearing in mind the Rome Declaration on World Food Security and the World Food
Summit Plan of Action, adopted at the World Food Summit in November 1996, the
Declaration of the World Food Summit: five years later, adopted on 13 June 2002, and the
Declaration of the World Summit on Food Security, adopted on 16 November 2009, and
reaffirming the Five Rome Principles for Sustainable Global Food Security, and the
recommendations and commitments made therein,
Stressing the importance of the Rome Declaration on Nutrition and its Framework for
Action, adopted at the second International Conference on Nutrition, held in Rome on 21
November 2014,
Acknowledging that the right to food has been recognized as the right of every
individual, alone or in community with others, to have physical and economic access at all
times to sufficient, adequate and nutritious food, in conformity with, inter alia, the culture,
beliefs, traditions, dietary habits and preferences of individuals, and that is produced and
consumed sustainably, thereby preserving access to food for future generations,
Reaffirming that a peaceful, stable and enabling political, social and economic
environment at both the national and international levels is the essential foundation that will
enable States to give adequate priority to food security and poverty eradication,
Determined to take new steps forward in the commitment of the international
community with a view to achieving substantial progress in the realization of the right to food
through an increased and sustained effort of international cooperation and solidarity, with a
view to building a community of shared future for humanity,
Reiterating, as in the Rome Declaration on World Food Security and the Declaration
of the World Food Summit: five years later, that food should not be used as an instrument of
political or economic pressure, and reaffirming in this regard the importance of international
cooperation and solidarity, and the necessity of refraining from unilateral measures that are
not in accordance with international law and the Charter of the United Nations and that
endanger food and nutrition security,
Reaffirming that food security is a national responsibility, and that any plan for
addressing food security challenges must be nationally articulated, designed, owned and led,
and built on consultation with all key stakeholders, and recognizing the commitment to
strengthening the multilateral system in the channelling of resources and in the promotion of
policies dedicated to fighting hunger and malnutrition,

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Recognizing the complex character of food insecurity and its likely recurrence owing
to a combination of several major factors, such as the effects of the global financial and
economic crisis, environmental degradation, desertification and the impact of global climate
change, as well as poverty, natural disasters, armed conflicts, drought, excessive volatility in
commodity prices and the lack in many countries of the appropriate technology, investment
and capacity-building necessary to confront its impact, particularly in developing countries,
including land-locked developing countries, least developed countries and small island
developing States, and the need for coherence and collaboration between international
institutions at the global level,
Expressing its deep concern at the number and scale of human-made and natural
disasters, diseases and pest infestations, as well as the negative impact of climate change, and
their increasing impact in recent years, which have, in combination with other factors,
resulted in substantial loss of life and livelihood and threatened agricultural production and
food and nutrition security, in particular in developing countries,
Recognizing in particular the need to urgently assist certain African countries that are
facing drought, plague, starvation and famine-related threats that could affect millions of
people, most of whom are women and children,
Stressing the need to increase official development assistance devoted to agriculture,
both in real terms and as a share of total official development assistance, and recognizing that
small and medium-sized farmers in developing countries need to receive technical,
technology transfer and capacity-building support,
Recognizing the importance of the protection and preservation of agrobiodiversity in
guaranteeing food security and the right to food for all,
Recognizing also the role of the Food and Agriculture Organization of the United
Nations as the key United Nations agency for rural and agricultural development and its work
in supporting the efforts of Member States to achieve the full realization of the right to food,
including through its provision of technical assistance to developing countries in support of
the implementation of national priority frameworks,
Looking forward to the fifty-third session of the Commission on Population and
Development, which will consider the theme “Population, food security, nutrition and
sustainable development”, and noting that the Programme of Action of the International
Conference on Population and Development prescribed that measures should be taken to
strengthen food, nutrition and agricultural policies and programmes,
1. Reaffirms that hunger constitutes an outrage and a violation of human dignity,
and therefore requires the adoption of urgent measures at the national, regional and
international levels for its elimination;
2. Also reaffirms the right of everyone to have access to safe, sufficient and
nutritious food, consistent with the right to adequate food and the fundamental right of
everyone to be free from hunger, so as to be able to fully develop and maintain his or her
physical and mental capacities;
3. Expresses its deep concern that The State of Food Security and Nutrition in the
World 2019: Safeguarding against economic slowdowns and downturns 18 confirmed a rise
in world hunger for a third year in a row, that there were 821 million chronically
undernourished people in the world in 2019, and that one in nine people in the world now
faces hunger;
4. Considers it intolerable that, as estimated by the United Nations Children’s
Fund, nearly half of all deaths of children under the age of 5 are attributable to undernutrition,
which puts children at greater risk of dying from common infections, increases the frequency
and severity of such infections, and delays recovery;

18 Issued by the Food and Agriculture Organization of the United Nations, the International Fund for
Agricultural Development, the United Nations Children’s Fund, the World Food Programme and the
World Health Organization.


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5. Expresses its great concern that, while women contribute more than 50 per
cent of the food produced worldwide, they also account for 70 per cent of the world’s hungry,
that women and girls are disproportionately affected by hunger, food insecurity and poverty,
in part as a result of gender inequality and discrimination, that in many countries girls are
twice as likely as boys to die from malnutrition and preventable childhood diseases, and that
it is estimated that almost twice as many women as men suffer from malnutrition;
6. Encourages all States to mainstream a gender perspective in food security
programmes and to take action to address de jure and de facto gender inequality and
discrimination against women, in particular where such inequality and discrimination
contribute to the malnutrition of women and girls, including by taking measures to ensure the
full and equal realization of the right to food and ensuring that women and girls have equal
access to social protection and resources, including income, land and water, and their
ownership, and full and equal access to health care, education, science and technology, to
enable them to feed themselves and their families, and in this regard stresses the need to
empower women and to strengthen their role in decision-making;
7. Encourages the Special Rapporteur on the right to food to continue to
mainstream a gender perspective in the fulfilment of her mandate, and encourages the Food
and Agriculture Organization of the United Nations and all other United Nations bodies and
mechanisms that address the right to food and food insecurity to integrate and effectively
implement a gender perspective in their relevant policies, programmes and activities
regarding access to food;
8. Stresses that improving access to productive resources and responsible public
investment in rural development, taking into consideration the Principles for Responsible
Investment in Agriculture and Food Systems, as endorsed by the Committee on World Food
Security, is essential for eradicating hunger and poverty, in particular in developing countries,
including through the promotion of investment, including private investment, in appropriate
small-scale irrigation and water management technologies in order to reduce vulnerability to
droughts and to tackle water scarcity;
9. Recognizes the importance of smallholder and family farmers and peasants in
developing countries, including women and local and indigenous communities, in ensuring
food security, reducing poverty and preserving ecosystems, and the need to assist their
development;
10. Reaffirms the need to ensure that programmes delivering safe, sufficient,
nutritious and culturally accepted food are inclusive and accessible to persons with
disabilities;
11. Encourages States to promote the conditions for everyone to be free from
hunger and, as soon as possible, to enjoy fully the right to food, and, where appropriate, to
consider establishing appropriate institutional mechanisms and adopting national plans to
combat hunger;
12. Recognizes the advances made through South-South and triangular
cooperation in developing countries and regions in connection with food security and the
development of agricultural production for the full realization of the right to food;
13. Also recognizes the importance of traditional sustainable agricultural practices,
inter alia, traditional seed supply systems, and access to locally adapted seeds, including for
many indigenous peoples and local communities;
14. Stresses that the primary responsibility of States is to promote and protect the
right to food, and that the international community should provide, through a coordinated
response and upon request, international cooperation in support of national and regional
efforts by providing the assistance necessary to increase food production and access to food,
particularly through agricultural development assistance, the transfer of technology, food
crop rehabilitation assistance and food aid, achieving food security, with special attention
paid to the specific needs of women and girls, and promoting support for the development of
adapted technologies, research on rural advisory services and support for access to financing
services, and to ensure support for the establishment of secure land tenure systems;

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15. Calls upon States to consider reviewing any policy or measure that could have
a negative impact on the realization of the right to food, particularly the right of everyone to
be free from hunger, before instituting such a policy or measure;
16. Recalls the United Nations Declaration on the Rights of Indigenous Peoples
and the outcome document of the high-level plenary meeting of the General Assembly known
as the World Conference on Indigenous Peoples, 19 and acknowledges that many indigenous
organizations and representatives of indigenous peoples have expressed in different forums
their deep concern over the obstacles and challenges to the full enjoyment of the right to food
that indigenous peoples face, and calls upon States to take action to address those obstacles
and challenges and the continuous discrimination against indigenous peoples;
17. Recognizes the contributions of peasants, smallholders, family farmers and
other people working in rural areas in all regions of the world to development and in ensuring
the right to food and food security, which are fundamental to attaining the internationally
agreed development goals, including the 2030 Agenda for Sustainable Development;
18. Requests all States, private actors, international organizations and agencies,
within their respective mandates, to take fully into account the need to promote the effective
realization of the right to food for all;
19. Recognizes the need to strengthen national commitments and international
assistance, upon the request of and in cooperation with affected countries, towards the full
realization and protection of the right to food, and in particular to develop national protection
mechanisms for people forced to leave their homes and land because of hunger or
humanitarian emergencies affecting the enjoyment of the right to food;
20. Stresses that all States should make every effort to ensure that their
international policies of a political and economic nature, including international trade
agreements, do not have a negative impact on the right to food in other countries;
21. Invites all relevant international organizations, including the World Bank and
the International Monetary Fund, to avoid any actions that could have a negative impact on
the realization of the right to food;
22. Expresses its appreciation for the work and contributions of the Special
Rapporteur on the right to food during her mandate, and takes note of her latest report; 20
23. Encourages the new mandate holder to continue collaboration with relevant
international organizations and United Nations agencies, funds and programmes in order to
contribute to ensuring that the right to food is promoted further within these organizations,
in accordance with their respective mandates, including for the advancement of smallholders
and agricultural workers in both developing and least developed countries;
24. Requests the Special Rapporteur to participate in relevant international
dialogues and policy forums relating to the implementation of the 2030 Agenda for
Sustainable Development, paying particular attention to Sustainable Development Goal 2 in
respect of achieving zero hunger;
25. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to continue to provide all the human and financial resources necessary for
the effective fulfilment of the mandate of the Special Rapporteur;
26. Calls upon all Governments to cooperate with and assist the Special
Rapporteur by supplying all necessary information requested by the mandate holder, and to
give serious consideration to responding favourably to the requests of the Special Rapporteur
to visit their countries to enable more effective fulfilment of the mandate;
27. Invites Governments, relevant United Nations agencies, funds and
programmes, treaty bodies, civil society actors, including non-governmental organizations,
and the private sector to cooperate fully with the Special Rapporteur in the fulfilment of the

19 General Assembly resolution 69/2.


20 A/HRC/43/44.


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mandate through, inter alia, the submission of comments and suggestions on ways and means
of realizing the right to food;
28. Requests the Special Rapporteur to report annually on the implementation of
the mandate to the Human Rights Council and the General Assembly in accordance with their
respective programmes of work;
29. Decides to continue its consideration of this matter under the same agenda item
in accordance with its programme of work.
44th meeting
19 June 2020
[Adopted without a vote.]

43/12. Freedom of religion or belief


The Human Rights Council,
Recalling General Assembly resolution 36/55 of 25 November 1981, in which the
Assembly proclaimed the Declaration on the Elimination of All Forms of Intolerance and of
Discrimination Based on Religion or Belief,
Recalling also article 18 of the International Covenant on Civil and Political Rights,
article 18 of the Universal Declaration of Human Rights and other relevant human rights
provisions,
Recalling further Human Rights Council resolution 40/10 of 21 March 2019, and
other resolutions adopted by the Council, the General Assembly and the Commission on
Human Rights on the freedom of religion or belief or the elimination of all forms of
intolerance and of discrimination based on religion or belief,
Recalling Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,
Noting with appreciation the conclusions and recommendations of the expert
workshops organized by the Office of the United Nations High Commissioner for Human
Rights and contained in the Rabat Plan of Action on the prohibition of advocacy of national,
racial and religious hatred that constitutes incitement to discrimination, hostility or violence,
adopted in Rabat on 5 October 2012,
Reaffirming that all human rights are universal, indivisible, interdependent and
interrelated,
Recalling that States have the primary responsibility to promote and protect human
rights, including the human rights of persons belonging to religious minorities, including
their right to exercise their religion or belief freely,
Deeply concerned at continuing acts of intolerance and violence based on religion or
belief against individuals, including persons belonging to religious communities and
religious minorities around the world,
Underlining the importance of education in the promotion of tolerance, which
involves the acceptance by the public of and its respect for diversity, including with regard
to religious expression, and underlining also the fact that education, in particular at school,
should contribute in a meaningful way to promoting tolerance and the elimination of
discrimination based on religion or belief,
1. Stresses that everyone has the right to freedom of thought, conscience and
religion or belief, which includes the freedom to have or not to have, or to adopt, a religion
or belief of one’s choice, and the freedom, either alone or in community with others and in
public or private, to manifest one’s religion or belief in teaching, practice, worship and
observance, including the right to change one’s religion or belief;
2. Emphasizes that freedom of religion or belief and freedom of expression are
interdependent, interrelated and mutually reinforcing, and stresses the role that these rights

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can play in the fight against all forms of intolerance and discrimination based on religion or
belief;
3. Expresses deep concern at emerging obstacles to the enjoyment of the right to
freedom of religion or belief, and at instances of religious intolerance, discrimination and
violence, inter alia:
(a) The increasing number of acts of violence directed against individuals,
including persons belonging to religious minorities in various parts of the world;
(b) The rise of religious extremism in various parts of the world that affects the
rights of individuals, including persons belonging to religious minorities;
(c) Incidents of religious hatred, discrimination, intolerance and violence, which
may be manifested by derogatory stereotyping, negative profiling and the stigmatization of
individuals on the basis of their religion or belief;
(d) Instances that, both in law and in practice, constitute violations of the
fundamental right to freedom of religion or belief, including of the individual right to publicly
express one’s spiritual and religious beliefs, taking into account the relevant articles of the
International Covenant on Civil and Political Rights and other international instruments;
(e) Constitutional and legislative systems that fail to provide adequate and
effective guarantees of freedom of thought, conscience, religion and belief to all, without
distinction;
(f) Attacks on religious places, sites and shrines and vandalism of cemeteries, in
violation of international law, in particular international human rights law and international
humanitarian law;
4. Condemns all forms of violence, intolerance and discrimination based on or in
the name of religion or belief, and violations of the freedom of thought, conscience, religion
or belief, and any advocacy of religious hatred that constitutes incitement to discrimination,
hostility or violence, whether it involves the use of print, audiovisual or electronic media or
any other means;
5. Also condemns violence and acts of terrorism, which are increasing in number
and targeting individuals, including persons belonging to religious minorities across the
world;
6. Emphasizes that no religion should be equated with terrorism, as this may have
adverse consequences for the enjoyment of the right to freedom of religion or belief of all
members of the religious community concerned;
7. Also emphasizes that States should exercise due diligence to prevent,
investigate and punish acts of violence against persons belonging to religious minorities,
regardless of the perpetrator, and that failure to do so may constitute a human rights violation;
8. Strongly encourages government representatives and leaders in all sectors of
society and respective communities to speak out against acts of intolerance and violence
based on religion or belief;
9. Urges States to step up their efforts to promote and protect freedom of thought,
conscience and religion or belief, and to this end:
(a) To ensure that their constitutional and legislative systems provide adequate and
effective guarantees of freedom of thought, conscience and religion or belief to all, without
distinction, by, inter alia, the provision of access to justice and effective remedies in cases
where the right to freedom of thought, conscience and religion or belief, or the right to freely
practise one’s religion, including the right to change one’s religion or belief, is violated;
(b) To implement all accepted universal periodic review recommendations
relating to the promotion and protection of freedom of religion or belief;
(c) To ensure that no one within their jurisdiction is deprived of the right to life,
liberty or security of person because of religion or belief, and that no one is subjected to


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torture or other cruel, inhuman or degrading treatment or punishment, or arbitrary arrest or


detention, on that account, and to bring to justice all perpetrators of violations of these rights;
(d) To end violations of the human rights of women, and to devote particular
attention to abolishing practices and legislation that discriminate against women, including
in the exercise of their right to freedom of thought, conscience and religion or belief;
(e) To ensure that no one is discriminated against on the basis of his or her religion
or belief in their access to, inter alia, education, medical care, employment, humanitarian
assistance or social benefits, and to ensure that everyone has the right and the opportunity to
have access, on general terms of equality, to public services in their country, without any
discrimination on the basis of religion or belief;
(f) To review, whenever relevant, existing registration practices in order to ensure
that such practices do not limit the right of all individuals to manifest their religion or belief,
either alone or in community with others and in public or private;
(g) To ensure that no official documents are withheld from the individual on the
grounds of religion or belief, and that everyone has the right to refrain from disclosing
information concerning their religious affiliation in such documents against their will;
(h) To ensure in particular the right of all individuals to worship, assemble or teach
in connection with a religion or belief and their right to establish and maintain places for
these purposes, and the right of all individuals to seek, receive and impart information and
ideas in these areas;
(i) To ensure that, in accordance with appropriate national legislation and in
conformity with international human rights law, the freedom of all individuals, including
persons belonging to religious minorities, to establish and maintain religious, charitable or
humanitarian institutions is fully respected and protected;
(j) To ensure that all public officials and civil servants, including members of law
enforcement bodies, and personnel of detention facilities, the military and educators, in the
course of fulfilling their official duties respect freedom of religion or belief and do not
discriminate for reasons based on religion or belief, and that all necessary and appropriate
awareness-raising, education or training is provided;
(k) To take all necessary and appropriate action, in conformity with international
human rights obligations, to combat hatred, discrimination, intolerance and acts of violence,
intimidation and coercion motivated by intolerance based on religion or belief, and any
advocacy of religious hatred that constitutes incitement to discrimination, hostility and
violence, with particular regard to persons belonging to religious minorities in all parts of the
world;
(l) To promote, through the educational system and other means, mutual
understanding, tolerance, non-discrimination and respect in all matters relating to freedom of
religion or belief by encouraging, in society at large, a wider knowledge of different religions
and beliefs and of the history, traditions, languages and cultures of the various religious
minorities existing within their jurisdiction;
(m) To prevent any distinction, exclusion, restriction or preference based on
religion or belief that impairs the recognition, enjoyment or exercise of human rights and
fundamental freedoms on an equal basis, and to detect signs of intolerance that may lead to
discrimination based on religion or belief;
10. Stresses the importance of a continued and strengthened dialogue in all its
forms, including among individuals of and within different religions and beliefs, and with
broader participation, including of women, to promote greater tolerance, respect and mutual
understanding, and takes note with appreciation of different initiatives in this regard,
including the Alliance of Civilizations and the programmes led by the United Nations
Educational, Scientific and Cultural Organization;
11. Welcomes and encourages the continuing efforts of all actors in society,
including civil society organizations, religious communities, national human rights
institutions, the media and other actors to promote the implementation of the Declaration on

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the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or


Belief, and also encourages their work in promoting freedom of religion or belief and in
highlighting cases of religious intolerance, discrimination and persecution;
12. Calls upon States to make use of the potential of education for the eradication
of prejudice against and stereotypes of individuals on the basis of their religion or belief;
13. Takes note of the thematic report presented by the Special Rapporteur on the
relationship between the right to freedom of religion or belief and gender equality; 21
14. Also takes note of the work of the Special Rapporteur, and concludes that there
is a need for the continued contribution of the Special Rapporteur to the promotion, protection
and universal implementation of the right to freedom of religion or belief;
15. Urges all Governments to cooperate fully with the Special Rapporteur and to
respond favourably to the requests of the mandate holder to visit their countries, and to
provide the mandate holder with all the information necessary to enable him or her to fulfil
the mandate even more effectively;
16. 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 the mandate;
17. Requests the Special Rapporteur to report annually to the Human Rights
Council and to the General Assembly in accordance with their respective programmes of
work;
18. Decides to remain seized of this question under the same agenda item and to
continue its consideration of measures to implement the Declaration on the Elimination of
All Forms of Intolerance and of Discrimination Based on Religion or Belief.
44th meeting
19 June 2020
[Adopted without a vote.]

43/13. 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 resolutions 32/18 of 1 July 2016 and 36/13 of 28
September 2017 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, and its specific and interlinked
targets,
Acknowledging that the promotion and protection of human rights and the
implementation of the 2030 Agenda for Sustainable Development are interrelated and
mutually reinforcing,

21 A/HRC/43/48.


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Welcoming the consultation on human rights and mental health 22 organized by the
United Nations High Commissioner for Human Rights on 14 and 15 May 2018 pursuant to
Human Rights Council resolution 36/13, which, inter alia, identified strategies to promote
human rights in mental health,
Welcoming also the political declaration of the third high-level meeting of the General
Assembly on the prevention and control of non-communicable diseases, 23
Welcoming further the discussion held by the Joint United Nations Programme on
HIV/AIDS on the theme of mental health and HIV/AIDS: promoting human rights, an
integrated and person-centred approach to improving adherence to antiretroviral therapy,
well-being and quality of life, during the thematic segment of the forty-third meeting of its
Programming Coordinating Board in December 2018,
Welcoming the World Health Organization QualityRights initiative and its
comprehensive package of training and guidance materials on how to implement a human
rights and recovery approach in the area of mental health in line with the Convention on the
Rights of Persons with Disabilities and other international human rights standards of
November 2019,
Welcoming also the adoption at the Thirty-third International Conference of the Red
Cross and Red Crescent, held in Geneva from 9 to 12 December 2019, of resolution
33IC/19/R2 on addressing mental health and psychosocial needs of people affected by armed
conflicts, natural disasters and other emergencies,
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, which includes the enjoyment of legal capacity on an equal basis
with others, 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, non-discrimination, 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,
Welcoming the work of the treaty bodies and the special procedures of the Human
Rights Council relating to issues of mental health and human rights, and taking note of their
respective general comments and reports,
Reaffirming the right of everyone to be guaranteed the full enjoyment of their human
rights and fundamental freedoms, without discrimination of any kind,
Deeply concerned that persons with mental health conditions or psychosocial
disabilities, including persons using mental health services, continue to be subject to, inter
alia, widespread, multiple, intersecting and aggravated discrimination, stigma, stereotypes,
prejudice, violence, abuse, social exclusion and segregation, unlawful and arbitrary
deprivation of liberty and institutionalization, overmedicalization and treatment practices that
fail to respect their autonomy, will and preferences,

22 See A/HRC/39/36.
23 General Assembly resolution 73/2.

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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,
Equally concerned also that suicide is the second leading cause of death in young
people aged from 15 to 29 years, and is among the top 20 leading causes of death worldwide,
and acknowledging that suicide attempts and self-harm must be addressed through prevention
strategies and support services that promote and respect human rights and fight stigma and
discrimination,
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, enjoyment of legal capacity on an equal basis
with others, choices and inclusion in the community,
Emphasizing 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, including peer support, 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,
Reiterating 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 the context of mental health,
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, discrimination and social exclusion, coercion,
overmedicalization and institutionalization that 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 models of care and support based on respect
for human rights that, inter alia, address the underlying determinants of mental health,
provide effective mental health and community-based services and psychosocial support,
reduce power asymmetries in mental health settings and respect the enjoyment of autonomy
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 that encompasses tackling the underlying
determinants of health through interventions, policies and programmes that protect persons
from key risk factors of poor health,
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,
Acknowledging that good mental health and well-being cannot be defined by the
absence of a mental health condition or psychosocial disability but rather by an environment
that enables individuals and populations to live a life of dignity, with full enjoyment of their
rights, in the equitable pursuit of their potential, and that values both social connection and
respect through non-violent and healthy relationships at the individual and societal levels,
and recognizing that discriminatory laws, policies, practices and attitudes undermine the
social structures required to support well-being and inclusion,
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


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rights and that also addresses the underlying social, economic and environmental
determinants of mental health,
Reaffirming the right of refugees and migrants to the enjoyment, without
discrimination, 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,
Acknowledging the intersections between mental health and HIV and 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 members of key
populations have negative consequences on their enjoyment of the highest attainable standard
of mental health, and underlining the importance of improving psychosocial well-being and
the quality of life of people affected and living with HIV through the implementation of
community-, evidence- and human rights-based and people-centred policies and programmes
in the context of HIV prevention, diagnosis, treatment and comprehensive care services,
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 implement by 2030
the Organization’s comprehensive mental health action plan,
1. Takes note with appreciation of the report of the United Nations High
Commissioner for Human Rights on mental health and human rights on the consultation on
human rights and mental health held in Geneva on 14 and 15 May 2018; 24
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 critical role of the social and underlying determinants of health in
advancing the realization of the right to mental health; 25
3. Further takes note with appreciation of the reports of the Special Rapporteur
on the rights of person with disabilities on the right of persons with disabilities to equal
recognition before the law; 26
4. Takes note with appreciation of the report of the Special Rapporteur on torture
and other cruel, inhuman or degrading treatment or punishment on questions arising in
relation to the notion of “psychological torture” under human rights law; 27
5. Reaffirms the obligation of States to protect, promote and respect all human
rights and fundamental freedoms and to ensure that policies and services relating to mental
health comply with international human rights norms;
6. 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, stereotypes, prejudice, violence, abuse, social exclusion,

24 A/HRC/39/36.
25 A/HRC/41/34.
26 A/HRC/37/56 and A/HRC/40/54.
27 A/HRC/43/49.

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segregation, unlawful or arbitrary deprivation of liberty and institutionalization, and


overmedicalization within that context, and to promote the right of persons with mental health
conditions or psychosocial disabilities to live independently, to full inclusion and effective
participation in society, to decide upon matters affecting them and to have their dignity
respected on an equal basis with others;
7. Also urges States to promote a paradigm shift in mental health, inter alia, in
the fields of clinical practice, policy, research, medical education and investment, through
the promotion of community-, evidence- and human rights-based and people-centred services
and supports that protect, promote and respect the enjoyment of the rights, autonomy, will
and preferences of all persons, including by providing a range of voluntary supported
decision-making mechanisms, such as peer support, and safeguards against abuse and undue
influence within support arrangements, over a model based on the dominance of biomedical
interventions, coercion, medicalization and institutionalization;
8. Calls upon States to abandon all practices and treatments that fail to respect
the rights, autonomy, will and preferences of all persons on an equal basis with others, and
that lead to power imbalances, stigma, discrimination, harm and human rights violations and
abuses in mental health settings;
9. Also calls upon States to ensure that persons with mental health conditions or
psychosocial disabilities, including users of mental health services, have access to justice on
an equal basis with others, including through the provision of procedural and age-appropriate
accommodations;
10. 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;
11. Strongly encourages States to develop cross-sectoral strategies for the
promotion of mental health that include public policies to prevent inequality, discrimination
and violence in all settings and promote non-violent and respectful relationships between
members of societies and communities, and increase mutual trust between authorities,
individuals and civil society;
12. Urges States to adopt prevention strategies to address depression and suicide,
such as public health policies that respect human rights and focus on tackling determinants,
enhancing life skills and resilience, promoting social connection and healthy relationships,
and avoiding overmedicalization;
13. Calls upon States to take all the measures necessary to ensure that health
professionals provide care and support 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;
14. 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 by promoting health and human rights literacy, to provide human rights education
and training for health and social 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;
15. 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, services and programmes
relevant to realizing the right of everyone to the enjoyment of the highest attainable standard
of mental health;
16. Recognizes the need to promote the mainstreaming of a human rights
perspective into mental health in all relevant public policies;


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17. 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;
18. Requests the High Commissioner to organize in 2021, and no later than the
seventy-fourth session of the World Health Assembly, a one-day consultation to discuss the
best ways to harmonize national laws, policies and practices relating to mental health with
the norms of the Convention on the Rights of Persons with Disabilities;
19. 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;
20. 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 of the
Human Rights Council, 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;
21. Requests the High Commissioner to invite persons with mental health
conditions or psychosocial disabilities, including persons using mental health services, and
their organizations, and to ensure their active participation in the consultation, mindful of the
central role they play and their historical exclusion from decision-making processes;
22. Also requests the High Commissioner to prepare a report on the outcome of
the consultation, with recommendations for States and all other relevant stakeholders,
including health professionals, on ways to harmonize, as appropriate, laws, policies and
practices relating to mental health with the norms of the Convention on the Rights of Persons
with Disabilities and on how to implement them, and to present the report to the Human
Rights Council at its forty-ninth session;
23. Decides to remain seized of the matter.
44th meeting
19 June 2020
[Adopted without a vote.]

43/14. Adequate housing as a component of the right to an


adequate standard of living, and the right to non-
discrimination in this context
The Human Rights Council,
Reaffirming that international human rights law instruments, including the Universal
Declaration of Human Rights, the International Covenant on Economic, Social and Cultural
Rights and the International Covenant on Civil and Political Rights, entail obligations and
commitments of States parties, including all levels of government, in relation to access to
adequate housing,
Reaffirming also that everyone is entitled to the right to adequate housing as a
component of the right to an adequate standard of living without discrimination of any kind
as to race, colour, sex, language, religion, political or other opinion, national or social origin,
property, birth or other status,
Recalling that States have the primary responsibility to ensure the full realization of
all human rights and to endeavour to take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of their
available resources, with a view to progressively achieving the full realization of the right to

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adequate housing as a component of the right to an adequate standard of living by all


appropriate means, including the adoption of legislative measures,
Recalling also all previous resolutions adopted by the Human Rights Council and the
Commission on Human Rights on the issue of the right to adequate housing as a component
of the right to an adequate standard of living,
Recalling further all previous resolutions adopted by the Commission on Human
Rights on the issue of women’s equal rights to ownership of, access to and control over land
and the equal rights to own and inherit property and to adequate housing, including resolution
2005/25 of 15 April 2005,
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 her or his duties in
accordance with those resolutions and the annexes thereto,
Reaffirming the principles and commitments with regard to adequate housing
enshrined in the relevant provisions of declarations and programmes adopted by major United
Nations conferences and summits, inter alia, the New Urban Agenda adopted at the United
Nations Conference on Housing and Sustainable Urban Development (Habitat III), and
underlining the importance of the implementation of the 2030 Agenda for Sustainable
Development, including target 11.1,
Concerned that the right to adequate housing is not realized for many throughout the
world and that millions continue to live in substandard housing, and millions more are
homeless or at immediate risk of homelessness, and recognizing that this situation should be
addressed by urgent and immediate measures by States, in accordance with existing
international human rights commitments and obligations and with the support, where
necessary, of the international community,
Expressing deep concern at the number and scale of natural disasters and their
negative impact on the right to adequate housing, and in this regard affirming the need for
the continued implementation of the Sendai Framework for Disaster Risk Reduction 2015–
2030,
Emphasizing that the adverse effects of climate change have a range of implications,
both direct and indirect, for the effective enjoyment of human rights, inter alia, the right to
adequate housing as a component of the right to an adequate standard of living,
Deeply concerned that investment in housing has often become primarily a financial
instrument solely and exclusively focused on seeking high returns, disconnecting it from its
social function as a place to live in security and dignity,
Recognizing that security of tenure enhances the enjoyment of the right to adequate
housing and is significant to the enjoyment of many other economic, social, cultural, civil
and political rights, and that all persons should possess a degree of security of tenure that
guarantees legal protection against forced eviction, harassment and other threats,
Recalling the guiding principles on security of tenure for the urban poor, and of the
basic principles and guidelines on development-based evictions and displacement, submitted
to the Human Rights Council by previous mandate holders,
Noting with appreciation the work of the treaty bodies, in particular the Committee
on Economic, Social and Cultural Rights, in the promotion of the rights relating to adequate
housing as a component of the right to an adequate standard of living, including all its relevant
general comments and, for States parties to the Optional Protocol to the International
Covenant on Economic, Social and Cultural Rights, the examination of individual
communications,
1. Calls upon States:
(a) To give due consideration to integrating the human right to adequate housing
into the implementation of the New Urban Agenda and the 2030 Agenda for Sustainable
Development;


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(b) To take urgent measures to address inadequate housing and to improve the
living circumstances of persons residing in informal settlements, in compliance with
international human rights law;
(c) To take the measures necessary to curb factors that result in a lack of affordable
housing, such as housing speculation and the “financialization of housing”; 28
(d) To take the right to adequate housing into account in strategies for adaptation
to and mitigation of climate change;
(e) To work with affected communities and individuals to develop and promote
environmentally sustainable and sound housing design, construction and maintenance to
address the effects of climate change while ensuring the right to adequate housing;
(f) To consider adopting national programmes and legislation compliant with
human rights law and due process and with respect for human dignity and proportionality, to
prevent, avoid and reduce evictions, and to promote affordable housing for all;
(g) To implement the 2030 Agenda for Sustainable Development, including target
11.1, and in this context urges States to adopt, in consultation with relevant stakeholders,
including civil society, national human rights institutions and the private sector, inclusive and
cross-sectoral strategies that respect, protect and fulfil the human rights of all, and to ensure
that these strategies outline clear responsibilities at all levels of government, contain
measurable goals, targets and timelines, and include appropriate mechanisms for regular
monitoring and review, with particular emphasis on the needs of persons who are
marginalized and most vulnerable;
(h) To ensure equality and non-discrimination when fulfilling the right to adequate
housing, and to strive towards the full realization of the right to adequate housing for all;
(i) To ensure women’s equal right to adequate housing as a component of the right
to an adequate standard of living in all aspects of housing strategies, including through equal
access to credit, mortgages, home ownership and rental housing, to take the safety of such
housing properly into account, especially when women and children face any form of
violence or threat of violence, and to undertake legislative and other reforms to realize equal
rights for all with respect to property and inheritance;
(j) To take all measures necessary to eliminate legislation that criminalizes
homelessness, and to take positive measures with a view to prevent and eliminate
homelessness by adopting and implementing laws, administrative orders, cross-sectional
strategies and programmes at all levels that are, among others, gender-, age- and disability-
responsive and based on international human rights law;
(k) To ensure that construction companies work in accordance with building
regulations and in compliance with safety standards;
2. Also calls upon States to provide, in an accessible, affordable, timely and
effective manner, an effective remedy and equal access to justice and administrative
procedures in complementing judicial recourses for all for violations and abuses of the right
to adequate housing by considering:
(a) Adopting domestic legislation and administrative orders giving full effect to
the right to adequate housing and redress for violations of that right;
(b) Making provisions for legal support and legal aid;
(c) Promoting the establishment of national human rights institutions, equality
bodies, ombudspersons and civil society organizations supporting the interests of affected
persons in accordance with their respective procedural law;
(d) Ratifying the Optional Protocol to the International Covenant on Economic,
Social and Cultural Rights, if not yet ratified;

28 See A/HRC/34/51.

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3. Welcomes the work of the Special Rapporteur on adequate housing as a


component of the right to an adequate standard of living and the right to non-discrimination
in this context, including the undertaking of country visits, and takes note of her reports,
including her most recent report containing guidelines for the implementation of the right to
adequate housing; 29
4. Decides to extend, for a period of three years, the mandate of the 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, as set out by the Human Rights Council
in previous resolutions, in particular Council resolution 15/8 of 30 September 2010;
5. Requests the Special Rapporteur, in fulfilling the mandate, to continue to
engage with States in the implementation of the right to adequate housing, the New Urban
Agenda and housing-related Sustainable Development Goals and targets, and to consult with
civil society and other stakeholders, in accordance with Human Rights Council resolution
37/4 of 22 March 2018;
6. Notes with appreciation the cooperation extended to date to the Special
Rapporteur by different actors, and calls upon States:
(a) To continue to cooperate with the Special Rapporteur in the discharge of his
or her mandate, and to respond favourably to his or her requests for information and visits;
(b) To enter into a constructive dialogue with the Special Rapporteur with respect
to follow-up to and implementation of his or her recommendations;
7. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to continue to provide all the resources and assistance necessary for the
Special Rapporteur to fulfil the mandate effectively;
8. Requests the Special Rapporteur to submit an annual report on the
implementation of the mandate to the Human Rights Council and to the General Assembly
in accordance with their annual programme of work;
9. Decides to continue its consideration of this matter under the same agenda
item.
44th meeting
19 June 2020
[Adopted without a vote.]

43/15. The negative impact of unilateral coercive measures on the


enjoyment of human rights

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,
Recalling further Human Rights Council resolutions 36/10 of 28 September 2017 and
40/3 of 21 March 2019, and General Assembly resolutions 73/167 of 17 December 2018 and
74/154 of 18 December 2019,
Welcoming General Assembly resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”, in which all
States are strongly urged to refrain from promulgating and applying any unilateral economic,
financial or trade measures not in accordance with international law and the Charter, that
impede the full achievement of economic and social development, particularly in least
developed and developing countries,

29 A/HRC/43/43.


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Recalling Human Rights Council resolution 27/21 of 26 September 2014, in which


the Council decided to organize a biennial panel discussion on the issue of unilateral coercive
measures and human rights,
Taking note of the summary report of the Office of the United Nations High
Commissioner for Human Rights on the biennial panel discussion on unilateral coercive
measures and human rights, 30
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, the right to development, international relations, trade, investment and
cooperation,
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,
Reaffirming also, among other principles, the sovereign equality of States, non-
intervention and non-interference in their internal affairs and freedom of international trade
and navigation, which are also enshrined in many international legal instruments,
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 least developed and 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 give rise to 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, regulations and decisions 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 eighteenth summit of
Heads of State and Government of the Movement of Non-Aligned Countries, held in Baku
on 25 and 26 October 2019, 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,

30 A/HRC/43/36.

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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 least developed and developing countries, including their extraterritorial
effects, thereby creating additional obstacles to the full enjoyment of all human rights,
including the right to development, 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 right of everyone to the enjoyment of the highest attainable standard of physical
and mental 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 the Declaration on the Right to Development, adopted by the General
Assembly in its resolution 41/128 on 4 December 1986, which establishes that States have
the duty to cooperate with each other in ensuring development and eliminating obstacles to
development,
Reaffirming also that unilateral coercive measures are major obstacles to the
implementation of the Declaration on the Right to Development,
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 for the Human Rights Council to take fully into account the
negative impact of unilateral coercive measures, including that caused by the enactment and
extraterritorial application of national laws and decisions that are not in conformity with the
Charter and international law, in its task concerning the implementation of all human rights,
including the right to development,
Highlighting also the need to monitor and report human rights violations associated
with unilateral coercive measures, to promote accountability to deter future violations and to
provide redress for victims,
Welcoming the continuing efforts of the open-ended Working Group on the Right to
Development, and reaffirming in particular its criteria and relevant sub-criteria, according to
which unilateral coercive measures are one of the obstacles to the implementation of the
Declaration on the Right to Development,
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


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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,
Recalling also the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, according to which, inter
alia, in no case may a people be deprived of its own means of subsistence and its fundamental
rights,
1. Urges all States to stop adopting, maintaining or implementing unilateral
coercive measures not in accordance with international law, international humanitarian law,
the Charter of the United Nations and the norms and principles governing peaceful relations
among States, in particular those of a coercive nature with extraterritorial effects, which
create obstacles to trade relations among States, thus impeding the full realization of the
rights set forth in the Universal Declaration of Human Rights and other international human
rights instruments, in particular the right of individuals and peoples to development;
2. Calls upon Member States and relevant United Nations agencies to take
concrete measures to mitigate the negative impact of unilateral coercive measures on
humanitarian assistance, which should be delivered in accordance with General Assembly
resolution 46/182 of 19 December 1991;
3. Strongly urges all States to refrain from imposing unilateral coercive measures,
also urges the removal of such measures, as they are contrary to the Charter and norms and
principles governing peaceful relations among States at all levels, and recalls that such
measures prevent the full realization of economic and social development of nations while
also affecting the full realization of human rights;
4. Urges States to resolve their differences through dialogue and peaceful means,
and to avoid the use of economic, political or other measures to coerce another State with
regard to the exercise of its sovereign rights;
5. Strongly objects to the extraterritorial nature of those measures which, in
addition, threaten the sovereignty of States, and in this context calls upon all Member States
neither to recognize these measures nor to apply them, and to take effective administrative
or legislative measures, as appropriate, to counteract the extraterritorial application or effects
of unilateral coercive measures;
6. Strongly condemns the continued unilateral application and enforcement by
certain powers of such measures as tools of pressure, including political and economic
pressure, against any country, particularly against least developed and developing countries,
with a view to preventing these countries from exercising their right to decide, of their own
free will, their own political, economic and social systems;
7. Expresses its grave concern that any unilateral coercive measure imposed
necessarily runs counter to some provisions of the International Bill of Human Rights and
peremptory norms of customary international law, and entails adverse consequences for the
enjoyment of human rights by innocent people;
8. Also expresses its grave concern that, in some countries, the socioeconomic
conditions of family members, particularly women and children, are adversely affected by
unilateral coercive measures, imposed and maintained contrary to international law and the
Charter, that create obstacles to trade relations among States, restrict movement through
various means of transport, impede the full realization of social and economic development
and hinder the well-being of the population in the affected countries, with particular
consequences for women, children, including adolescents, the elderly and persons with
disabilities;
9. Reiterates its call upon Member States that have initiated such measures to
commit themselves to their obligations and responsibilities arising from relevant provisions
of the international law and human rights instruments to which they are a party by putting an
immediate end to such measures;
10. Reaffirms in this context the right of all peoples to self-determination by virtue
of which they freely determine their political status and freely pursue their own economic,
social and cultural development;

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11. Also reaffirms, as enshrined in the Charter, its opposition to any attempt aimed
at the partial or total disruption of the national unity and territorial integrity of a State;
12. Recalls that, according to the Declaration on Principles of International Law
concerning Friendly Relations and Cooperation among States in accordance with the Charter
of the United Nations and to the relevant principles and provisions contained in the Charter
of Economic Rights and Duties of States, proclaimed by the General Assembly in its
resolution 3281 (XXIX) of 12 December 1974, in particular article 32 thereof, no State may
use or encourage the use of economic, political or any other type of measure 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;
13. Reaffirms that essential goods, such as food and medicines, should not be used
as tools for political coercion and that under no circumstances should people be deprived of
their means of subsistence and development;
14. Underlines the fact that unilateral coercive measures are one of the major
obstacles to the implementation of the Declaration on the Right to Development, and in this
regard calls upon all States to avoid the unilateral imposition of economic coercive measures
and the extraterritorial application of domestic laws that run counter to the principles of free
trade and hamper the development of least developed and developing countries;
15. Rejects all attempts to introduce unilateral coercive measures, and the
increasing trend in this direction, including through the enactment of laws with
extraterritorial application;
16. Recognizes that the Declaration of Principles adopted at the first phase of the
World Summit on the Information Society, held in Geneva in December 2003, strongly urges
States to avoid and refrain from any unilateral measure in building the information society;
17. Stresses the need for an impartial and independent mechanism of the United
Nations human rights machinery for the victims of unilateral coercive measures to address
the issues of remedies and redress, with a view to promoting accountability and reparations;
18. Urges all special rapporteurs and existing thematic mechanisms of the Human
Rights Council in the field of economic, social and cultural rights to pay due attention, within
the scope of their respective mandates, to the negative impact and consequences of unilateral
coercive measures and to cooperate with the Special Rapporteur on the negative impact of
unilateral coercive measures on the enjoyment of human rights in fulfilling his or her
mandate;
19. Recognizes the importance of the quantitative and qualitative documentation
of the negative impact associated with the application of unilateral coercive measures in the
context of ensuring the accountability of those responsible for human rights violations
resulting from the application of unilateral coercive measures against any State;
20. Acknowledges the need to ensure that all relevant United Nations human rights
treaty bodies and subsidiary organs of the Human Rights Council mainstream the issue of the
negative impact of unilateral coercive measures on the enjoyment of human rights and
perform specific activities, such as during the review of periodic reports submitted by States
to such bodies and under the universal periodic review;
21. Decides to give due consideration to the issue of the negative impact of
unilateral coercive measures on human rights in its task concerning the implementation of
the right to development;
22. Takes note of the report of the Special Rapporteur on the negative impact of
unilateral coercive measures on the enjoyment of human rights 31 and the addendum thereto
on elements for a draft General Assembly declaration on unilateral coercive measures and
the rule of law, submitted to the Human Rights Council at its forty-second session; 32

31 A/HRC/42/46.
32 A/HRC/42/46/Add.1.


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23. Requests the Special Rapporteur on the negative impact of unilateral coercive
measures on the enjoyment of human rights to continue his or her work on identifying and
proposing concrete measures to ensure the removal of unilateral coercive measures affecting
the enjoyment of human rights of victims, and to focus on the resources and compensation
necessary to promote accountability and reparations for victims in his or her next report to
the Human Rights Council at its forty-fifth session and to the General Assembly at its
seventy-fifth session;
24. Calls upon all States to cooperate with and assist the Special Rapporteur in the
performance of his or her tasks, and to provide all necessary information requested by him
or her;
25. Requests the Secretary-General to provide the assistance necessary to the
Special Rapporteur to fulfil his or her mandate effectively, in particular by placing adequate
human and material resources at his or her disposal;
26. Recognizes the importance of the role of the Office of the United Nations High
Commissioner for Human Rights in addressing the challenges arising from unilateral
coercive measures and their negative impact on the human rights of peoples and individuals
who wish to realize their economic and social rights, including the right to development;
27. Requests the High Commissioner, in discharging her functions relating to the
promotion, realization and protection of the right to development and bearing in mind the
continuing impact of unilateral coercive measures on the population of least developed and
developing countries, to give priority to the present resolution in her annual report;
28. Also requests the High Commissioner, and urges relevant special procedures
of the Human Rights Council and the treaty bodies, to pay attention, within the framework
of their mandates, to the situation of persons whose rights have been violated as the result of
unilateral coercive measures;
29. Requests the Secretary-General to provide the assistance necessary to the High
Commissioner to fulfil her mandate effectively, in particular by placing adequate human and
material resources at her disposal;
30. Urges States to promote and preserve multilateralism and to take the measures
necessary to strengthen bilateral, regional and international cooperation aimed at addressing
the negative impact of unilateral coercive measures on the full enjoyment of all human rights;
31. Decides to continue its consideration of this issue in accordance with its
programme of work.
45th meeting
22 June 2020
[Adopted by a recorded vote of 25 to 16, with 6 abstentions. The voting was as follows:
In favour:
Angola, Argentina, Armenia, Bahamas, Bahrain, Bangladesh, Burkina Faso,
Cameroon, Democratic Republic of the Congo, Eritrea, Fiji, India, Indonesia,
Namibia, Nepal, Nigeria, Pakistan, Philippines, Qatar, Senegal, Somalia,
Sudan, Togo, Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Austria, Brazil, Bulgaria, Czechia, Denmark, Germany, Italy, Japan,
Marshall Islands, Netherlands, Poland, Republic of Korea, Slovakia, Spain,
Ukraine
Abstaining:
Afghanistan, Chile, Libya, Mauritania, Mexico, Peru]

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43/16. Mandate of the Special Rapporteur on the situation of


human rights defenders
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, the
Universal Declaration of Human Rights, the International Covenants on Human Rights and
other relevant instruments,
Recalling General Assembly resolution 53/144 of 9 December 1998, by which the
Assembly adopted by consensus the Declaration on the Right and Responsibility of
Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized
Human Rights and Fundamental Freedoms annexed to that resolution, and reiterating the
importance of the Declaration and its promotion and implementation,
Recalling also the continued validity and application of all the provisions of the
above-mentioned Declaration,
Recalling further all previous resolutions on this subject, including Human Rights
Council resolutions 16/5 of 24 March 2011, 25/18 of 28 March 2014, 31/32 of 24 March
2016, 34/5 of 23 March 2017 and 40/11 of 21 March 2019, and General Assembly resolutions
68/181 of 18 December 2013, 70/161 of 17 December 2015, 72/247 of 24 December 2017
and 74/146 of 18 December 2019,
Recalling 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 his or her
duties in accordance with those resolutions and the annexes thereto,
Emphasizing the important role that individuals and civil society institutions,
including non-governmental organizations, groups and national human rights institutions,
play at the local, national, regional and international levels in the promotion and protection
of all human rights and fundamental freedoms for all,
Reiterating the grave concerns expressed by the General Assembly and the Human
Rights Council with regard to the serious risks faced by human rights defenders due to threats,
attacks, reprisals and acts of intimidation against them,
Reaffirming that States are under the obligation to protect all human rights and
fundamental freedoms of all persons,
Stressing that respect and support for the activities of all human rights defenders,
including women human rights defenders, are essential to the overall enjoyment of human
rights,
Mindful that domestic law and administrative provisions and their application should
facilitate the work of human rights defenders, including by avoiding any criminalization,
stigmatization, impediments, obstructions or restrictions thereof contrary to international
human rights law,
Underscoring that the legal framework within which human rights defenders work
peacefully to promote and protect human rights and fundamental freedoms is that of national
legislation consistent with the Charter and international human rights law,
Gravely concerned that, in some instances, national security and counter-terrorism
legislation and other measures, such as laws regulating civil society organizations, have been
misused to target human rights defenders or have hindered their work and endangered their
safety in a manner contrary to international law,
Recognizing the urgent need to address, and to take concrete steps to prevent and stop,
the use of legislation to hinder or limit unduly the ability of human rights defenders to
exercise their work, including by reviewing and, where necessary, amending relevant
legislation and its implementation in order to ensure compliance with international human
rights law,


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1. Welcomes the work and takes note with appreciation of the reports of the
Special Rapporteur on the situation of human rights defenders, 33 and strongly urges all States
to take concrete steps to create, in law and in practice, a safe and enabling environment in
which human rights defenders can operate free from hindrance and insecurity;
2. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights defenders for a period of three years in the same terms as provided for by the
Human Rights Council in its resolution 16/5;
3. Urges all States to cooperate with and assist the Special Rapporteur in the
performance of his or her tasks, to provide all information and to respond to the
communications transmitted to them by the Special Rapporteur without undue delay;
4. Calls upon States to give serious consideration to responding favourably to the
requests of the Special Rapporteur to visit their countries, and urges them to enter into a
constructive dialogue with the Special Rapporteur with respect to the follow-up to and
implementation of his or her recommendations so as to enable him or her to fulfil the mandate
even more effectively;
5. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur with all the assistance necessary for the
effective fulfilment of his or her mandate;
6. Encourages all concerned United Nations agencies and organizations, within
their mandates, to provide all possible assistance and support to the Special Rapporteur for
the effective fulfilment of his or her mandate, including in the context of country visits and
through suggestions on ways and means of ensuring the protection of human rights defenders;
7. Decides to continue consideration of this issue in accordance with its annual
programme of work.
45th meeting
22 June 2020
[Adopted without a vote.]

43/17. Regional arrangements for the promotion and protection of


human rights

The Human Rights Council,


Recalling General Assembly resolution 32/127 of 16 December 1977 and subsequent
Assembly resolutions concerning regional arrangements for the promotion and protection of
human rights, the latest being resolution 63/170 of 18 December 2008,
Recalling also Commission on Human Rights resolution 1993/51 of 9 March 1993
and subsequent Commission resolutions in this regard, and Human Rights Council
resolutions 6/20 of 28 September 2007, 12/15 of 1 October 2009, 18/14 of 29 September
2011, 24/19 of 27 September 2013, 30/3 of 1 October 2015 and 34/17 of 24 March 2017,
Bearing in mind paragraph 5 (h) of General Assembly resolution 60/251 of 15 March
2006, in which the Assembly decided that the Council should work in close cooperation with
regional organizations,
Bearing in mind also the Vienna Declaration and Programme of Action, adopted by
the World Conference on Human Rights on 25 June 1993, which reiterates, inter alia, the
need to consider the possibility of establishing regional and subregional arrangements for the
promotion and protection of human rights where they do not already exist,
Reaffirming the fact that regional arrangements play an important role in promoting
and protecting human rights and should reinforce universal human rights standards, as
contained in international human rights instruments,

33 A/HRC/43/51 and Adds.1 and 2.

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1. Welcomes the progress made by Governments in the establishment of regional


and subregional arrangements for the promotion and protection of human rights, and their
achievements in all regions of the world;
2. Also welcomes the report of the United Nations High Commissioner for Human
Rights on the workshop on regional arrangements for the promotion and protection of human
rights, 34 held on 21 and 22 October 2019 in Geneva, including its conclusions and
recommendations;
3. Further welcomes the holding of the meetings of focal points for cooperation
between United Nations and regional human rights mechanisms, and takes note with
appreciation of their outcomes;
4. Notes with appreciation the progress made towards the implementation of its
resolution 34/17, as described in the report of the High Commissioner, and encourages
regional arrangements for the promotion and protection of human rights and other
organizations to continue to enhance their cooperation;
5. Also notes with appreciation the critical role played by the Office of the High
Commissioner in advancing cooperation between international and regional human rights
mechanisms;
6. Welcomes the successful creation by the Office of the High Commissioner of
a dedicated programme for regional human rights mechanisms to gain experience in the
United Nations human rights system in order to enhance capacity-building and cooperation
among them;
7. Requests the Secretary-General and the High Commissioner to provide the
resources necessary to enable the Office of the High Commissioner to support the above-
mentioned activities appropriately, in particular the annual meetings of the regional
mechanisms’ focal points for cooperation and the dedicated programme;
8. Requests the High Commissioner to hold, in 2022, a workshop on regional
arrangements for the promotion and protection of human rights to take stock of developments
since the workshop held in 2019, including a thematic discussion on the role of regional
arrangements in the field of business and human rights, based on concrete and practical
experience of regional mechanisms, in order to share information on best practices, lessons
learned and possible new forms of cooperation, with the participation of relevant experts
from international, regional, subregional and interregional human rights mechanisms, as well
as Members States, observers, national human rights institutions and non-governmental
organizations;
9. Also requests the High Commissioner to present to the Human Rights Council,
at its fifty-second session, a report containing a summary of the discussions held at the above-
mentioned workshop and the progress made towards the implementation of the present
resolution.
45th meeting
22 June 2020
[Adopted without a vote.]

43/18. Promoting human rights through sport and the Olympic


ideal

The Human Rights Council,


Reaffirming the purposes and principles of the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights and relevant international
human rights instruments, including the relevant provisions of the key international human
rights treaties, in particular article 31 of the Convention on the Rights of the Child, articles 1

34 A/HRC/43/32.


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and 30 of the Convention on the Rights of Persons with Disabilities and articles 10 (g) and
13 (c) of the Convention on the Elimination of All Forms of Discrimination against Women,
Recalling also the resolutions adopted by the General Assembly on the issue of sport
for development and peace, in particular its resolution 73/24 of 3 December 2018, in which
the Assembly, inter alia, recalled the proclamation of 6 April as the International Day of Sport
for Development and Peace, and its resolutions on the issue of building a peaceful and better
world through sport and the Olympic ideal, in particular its resolution 74/16 of 9 December
2019,
Reaffirming previous Human Rights Council resolutions on the issue of sport and
human rights, in particular resolutions 13/27 of 26 March 2010, 18/23 of 30 September 2011,
24/1 of 26 September 2013, 26/18 of 26 June 2014, 27/8 of 25 September 2014, 31/23 of 24
March 2016 and 37/18 of 23 March 2018,
Recalling that the General Assembly has supported the independence and autonomy
of sport and the mission of the International Olympic Committee in leading the Olympic
Movement, and of the International Paralympic Committee in leading the Paralympic
Movement, and noting that they, as well as other relevant stakeholders, also have a role in
protecting the interests and rights of athletes and the integrity of sport in accordance with the
Olympic Charter, the International Paralympic Committee Code of Ethics and other relevant
international standards and principles,
Acknowledging the fundamental principles of the Olympic Charter, in particular
principle 4, which states that every individual must have the possibility of practising sport,
without discrimination of any kind and in the Olympic spirit, and principle 6, which states
that the enjoyment of the rights and freedoms set forth in the Charter shall be secured for all,
without discrimination of any kind,
Recognizing the need to reflect more thoroughly on the value of relevant principles
enshrined in the Olympic Charter, the International Paralympic Committee Code of Ethics
and good sporting example in achieving universal respect for the realization of all human
rights,
Recalling that the General Assembly has recognized the valuable contribution of sport
to the promotion of education, sustainable development, peace, cooperation, solidarity,
fairness, social inclusion and health at the local, regional and international levels, and noting
that, as declared in the 2005 World Summit Outcome, sports can contribute to an atmosphere
of tolerance and understanding among peoples and nations,
Acknowledging the revised International Charter for Physical Education, Physical
Activity and Sport, as proclaimed by the General Conference of the United Nations
Educational, Scientific and Cultural Organization at its thirty-eighth session, in November
2015, and the Kazan Action Plan, adopted at the Sixth International Conference of Ministers
and Senior Officials Responsible for Physical Education and Sport, held in Kazan, Russian
Federation, in July 2017, and welcoming the endorsement by the World Health Assembly of
the global action plan on physical activity 2018–2030,
Acknowledging also the major role of the United Nations system and its country
programmes and the role of Member States in promoting human development through sport
and physical education, and the joint endeavours of the International Olympic Committee,
the International Paralympic Committee and the United Nations system in such fields as
human development, poverty alleviation, humanitarian assistance, health promotion, HIV
and AIDS prevention, child and youth education, gender equality, peacebuilding and
sustainable development,
Recalling the final report of the Advisory Committee on the possibilities of using sport
and the Olympic ideal to promote human rights for all and to strengthen universal respect for
them, 35 and its recommendations to States, national, regional and international sport
organizations and other stakeholders,

35 A/HRC/30/50.

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Welcoming the significant impetus that the Olympic Games, the Paralympic Games
and the Youth Olympic Games give to the volunteer movement around the world,
acknowledging the contributions of volunteers to the success of the Games, and in this regard
calling upon host countries to promote social inclusion without discrimination of any kind,
Recognizing the potential of sport as a universal language that contributes to educating
people on the values of respect, dignity, diversity, equality, tolerance and fairness as a means
to combat all forms of discrimination and to promote social inclusion for all, and reaffirming
the need to combat discrimination and intolerance where they occur, within and outside the
sporting context,
Recognizing also that sport, the Olympic and Paralympic Games and other major
sporting events can be used to promote awareness, understanding and the application of the
Universal Declaration of Human Rights, and to promote human rights and to strengthen
universal respect for them, thus contributing to their full realization,
Welcoming the continued advancement of women and girls in and through sports and
sporting activities, in particular the support for their progressively greater participation in
sport events, which provides opportunities for women’s and girls’ empowerment and the
realization of gender equality, and recognizing the imperative need to engage them further in
the practice of sport and to enhance, to this end, their participation in sporting events at the
national and international levels,
Acknowledging the potential of sport and major sporting events, including the Youth
Olympic Games, to inspire and educate the youth of the world, including university students,
and to promote their social inclusion through sport practised without discrimination of any
kind and in the Olympic spirit, which requires human understanding, tolerance, fair play and
solidarity,
Acknowledging also the valuable contribution that the appeal by the International
Olympic Committee for an Olympic Truce, also known as ekecheiria, could make towards
international understanding and peace and the advancement of the purposes and principles of
the Charter of the United Nations, and recalling in that regard that recreational programmes,
sport and games have helped to reduce tensions in some regions where there is armed conflict,
Noting that sports could be a strong force for equality and diversity, and may play a
role in the promotion of compassion, tolerance and acceptance for refugees and migrants,
and welcoming in this context the participation in Olympic and Paralympic Games as well
as in mega sporting events of teams of refugees, which might inspire a new understanding of
the rights of millions of people caught up in crises around the world,
Acknowledging the very important role of the media in the promotion and
popularization of sport and in raising public awareness of the merits of practicing as a key
element of a healthy lifestyle, thus contributing to the enjoyment of the highest attainable
standard of physical and mental health, and the positive role that they may play when
reporting on how sport can translate into respect for human rights and promote social
cohesion and acceptance of diversity and the values of sport, including integrity, teamwork,
excellence, respect, tolerance, fair play and friendship,
Welcoming the hosting of the upcoming Olympic and Paralympic Games in the cities
of Tokyo, Beijing, Paris, Milan and Cortina, Italy and Los Angeles, United States of America
in 2021, 2022, 2024, 2026 and 2028 respectively, and the successful conclusion of the Youth
Olympic Games in Lausanne, Switzerland in 2020, and stressing the opportunity to promote
human rights, especially through sport and the Olympic ideal,
Recognizing the potential of sport and major sporting events in contributing to the
achievement of the Sustainable Development Goals of the 2030 Agenda for Sustainable
Development, and encouraging Member States to use all opportunities offered by sport and
its values to that end, and recalling in this regard that the General Assembly, in its resolution
74/16, recognized that Tokyo 2020 aimed to ensure a sustainable delivery of the Games,
Taking into account the need to address and prevent improper practices of
stakeholders engaged in the organization and preparation of sports events, which may lead to
human rights violations and abuses and negatively affect the economic, social and


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environmental spheres, and recalling that the General Assembly, its resolution 73/24,
encouraged relevant entities involved in delivering major sporting events to respect
applicable laws and international principles, including the Guiding Principles on Business
and Human Rights, and also recognized that such events should be organized in the spirit of
peace, mutual understanding, friendship, tolerance and inadmissibility of discrimination of
any kind,
Being aware of the need to actively involve sport, the Olympic and Paralympic Games
and other major sporting events in achieving the full and equal enjoyment of all human rights
by persons with disabilities and respect for their inherent dignity, while recognizing efforts
made by hosting countries to create a barrier-free environment for persons with disabilities,
and stressing the need to continue to build on such efforts, including those made most recently
at the latest Summer and Winter Olympic and Paralympic Games, the 2018 International
Federation of Association Football World Cup in the Russian Federation, and those made
ahead of Tokyo 2020, Beijing 2022 and Qatar 2022,
Acknowledging the role that the Paralympic Movement plays in showcasing the
achievements of athletes with disabilities to a global audience and in acting as a primary
vehicle to promote positive perceptions and greater inclusion of persons with disabilities in
sport and society,
Recognizing the need to support the independence and autonomy of sport and to
preserve integrity in sports in all aspects through good governance of sport executive bodies
and the effective and impartial implementation of anti-corruption, anti-doping and other
relevant regulations, without prejudice to the human rights of athletes,
1. Encourages States to promote sport as a means to combat all forms of
discrimination;
2. Calls upon States to cooperate with the International Olympic Committee and
the International Paralympic Committee in their efforts to use sport as a tool to promote
human rights, development, peace, dialogue and reconciliation during and beyond the period
of the Olympic and Paralympic Games, in particular by observing the Olympic Truce;
3. Encourages States to adopt best practices and means to promote the practice
of sport and physical activities by all members of society, and to cultivate a sports culture in
society;
4. Invites States and national, regional and international sports organizations to,
where appropriate, implement new or strengthen existing programmes that provide more
opportunities and facilitate barrier-free access to sport for all, in particular for children and
youth, persons with disabilities, and women and girls, and substantially increase
opportunities for women’s participation and leadership in all areas of sport, and in this regard
encourages States to leverage sport and physical education policies and programmes to
advance gender equality and the empowerment of women and girls;
5. Encourages States and national, regional and international sports organizations
to enhance human rights awareness and education, including the values of sport, of athletes,
coaches and other sports officials;
6. Calls upon States to take effective measures to address vandalism and violence
during and around sporting events while respecting and protecting human rights, and to
encourage national, regional and international sports organizations to contribute to that end;
7. Welcomes the cooperation among Member States, the United Nations and its
specialized agencies, funds and programmes, the International Olympic Committee and the
International Paralympic Committee to maximize the potential of sport to make a meaningful
and sustainable contribution to the achievement of the Sustainable Development Goals of the
2030 Agenda for Sustainable Development, and encourages the Olympic and Paralympic
Movements to work closely with national, regional and international sport organizations on
the use of sport for this purpose;
8. Decides, in the light of the COVID-19 pandemic, to postpone the quadrennial
thematic panel discussion on promoting human rights through sport and the Olympic ideal,
as already incorporated into the programme of work of the Human Rights Council in its

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resolution 37/18 and due to be held at its forty-fourth session, to its forty-seventh session,
prior to the Olympic and Paralympic Games Tokyo 2020, programmed for 2021, using for
this purpose the funds already allocated for the forty-fourth session, in accordance with
Council resolution 37/18;
9. Also decides that the title of the above-mentioned thematic panel discussion,
which will be fully accessible to persons with disabilities, will be “The potential of leveraging
sport and the Olympic ideal for promoting human rights for young people”;
10. Further decides to remain seized of the matter.
45th meeting
22 June 2020
[Adopted without a vote.]

43/19. Promotion and protection of human rights and 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 and all other human rights instruments,
Reaffirming General Assembly resolution 60/251 of 3 April 2006, in which the
Assembly decided that the work of the Human Rights Council would be guided by the
principles of universality, impartiality, objectivity and non-selectivity, constructive
international dialogue and cooperation, with a view to enhancing the promotion and
protection of all human rights, civil, political, economic, social and cultural rights, including
the right to development,
Reaffirming 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,
Reaffirming further Human Rights Council resolution 37/24 of 23 March 2018, and
recalling other relevant resolutions adopted by the Council,
Recognizing that the 2030 Agenda for Sustainable Development 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, international human rights treaties,
the United Nations Millennium Declaration and the 2005 World Summit Outcome, and is
informed by other instruments, such as the Declaration on the Right to Development,
Recognizing also that the implementation of the 2030 Agenda must be consistent with
a State’s obligations under international human rights law,
Acknowledging that the promotion and protection of human rights and the
implementation of the 2030 Agenda are interrelated and mutually reinforcing,
Recognizing that national human rights mechanisms for reporting and follow-up could
make a contribution to the promotion and protection of human rights and the implementation
of the Sustainable Development Goals,
Reaffirming that the high-level political forum on sustainable development, consistent
with its universal intergovernmental character, shall provide political leadership, guidance
and recommendations for sustainable development, and follow up on and review progress in
the implementation of sustainable development commitments, enhancing the integration of
the three dimensions of sustainable development in a holistic and cross-sectoral manner at all


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levels, and have a focused, dynamic and action-oriented agenda, ensuring the appropriate
consideration of new and emerging sustainable development challenges,
Reaffirming also General Assembly resolution 74/4 of 15 October 2019, in which the
Assembly endorsed the political declaration adopted by the high-level political forum on
sustainable development at the Sustainable Development Goals Summit on 24 and 25
September 2019,
Noting the contribution of international human rights mechanisms, including the
treaty bodies, the special procedures of the Human Rights Council and the universal periodic
review, in promoting the implementation of the 2030 Agenda in accordance with States’
human rights obligations and commitments,
Noting also 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,
Taking note of the Report of the Secretary-General on SDG Progress 2019 and the
Global Sustainable Development Report 2019,
Recalling that the organizations of the United Nations system and other relevant
intergovernmental organizations are invited to contribute within their respective mandates to
the discussions of the high-level political forum on sustainable development,
Welcoming the holding of the two intersessional meetings for dialogue and
cooperation on human rights and the 2030 Agenda for Sustainable Development, on 16
January 2019 and on 3 December 2019, and taking note of the summary reports thereof, 36
1. Decides to organize three half-day intersessional meetings for dialogue and
cooperation on human rights and the 2030 Agenda for Sustainable Development, which will
provide a space for States, relevant United Nations and regional human rights mechanisms,
United Nations agencies, funds and programmes, national human rights institutions and civil
society organizations to voluntarily share good practices, achievements, challenges and
lessons learned concerning integrated approaches in the promotion and protection of human
rights and the implementation of the 2030 Agenda;
2. Also decides that the focus of each of the intersessional meetings will be
informed by the stated themes of the 2021, 2022 and 2023 meetings of the high-level political
forum on sustainable development;
3. Further decides that the intersessional meetings should be held in advance of
the 2021, 2022 and 2023 meetings of the high-level political forum;
4. Requests the United Nations High Commissioner for Human Rights to
organize the three intersessional meetings in consultation with Member States, relevant
United Nations agencies, funds and programmes, international human rights mechanisms,
national human rights institutions, civil society organizations and other relevant stakeholders,
and to facilitate their participation in the meetings, as appropriate;
5. Also requests the High Commissioner to provide, for the above-mentioned
half-day intersessional meetings, all the services and facilities necessary to make the
discussions fully accessible to persons with disabilities, and to provide webcasting services
for the meetings;
6. Requests the President of the Human Rights Council to appoint for each
meeting, on the basis of regional rotation, and in consultation with regional groups, a chair
for the meeting from candidates nominated by members and observers of the Council; the
chair, together with the Office of the High Commissioner, shall be responsible for the
preparation of summary reports of the discussions of the meetings, to be made available to
all its participants, and for their presentation to the Council at its forty-sixth, forty-ninth and
fifty-second sessions, respectively;

36 A/HRC/40/34 and A/HRC/43/33.

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7. Requests the Office of the High Commissioner to compile a report on best


practices, challenges and lessons learned concerning integrated approaches to the promotion
and protection of human rights and the implementation of the 2030 Agenda at the national
level by States, relevant United Nations and regional human rights mechanisms, United
Nations agencies, funds and programmes, national human rights institutions and civil society
organizations, taking into account previous reports of the Office relating to the
implementation of the 2030 Agenda, and to present the report to the Human Rights Council
at its fifty-first session;
8. Decides that the summary reports of the discussions of the intersessional
meetings and the report on best practices, challenges and lessons learned should be made
available to the high-level political forum on sustainable development.
45th meeting
22 June 2020
[Adopted without a vote.]

43/20. Torture and other cruel, inhuman or degrading treatment or


punishment: mandate of the Special Rapporteur
The Human Rights Council,
Recalling international human rights law, standards and guidelines on torture and
other cruel inhuman degrading treatment or punishment,
Reaffirming that no one shall be subjected to torture or to other cruel, inhuman or
degrading treatment or punishment,
Recalling that freedom from torture and other cruel, inhuman or degrading treatment
or punishment is a non-derogable right under international law that must be respected and
protected under all circumstances, including in times of international and internal armed
conflict or internal disturbance or any other public emergency, that the absolute prohibition
of torture and other cruel, inhuman or degrading treatment or punishment is affirmed in the
relevant international instruments, and that legal and procedural safeguards against such acts
must not be subject to measures that would circumvent this right,
Recalling also that the prohibition of torture is a peremptory norm of international
law, and that international, regional and domestic courts have recognized the prohibition of
cruel, inhuman or degrading treatment or punishment to be customary international law,
Recognizing the importance of the work of the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment in the prevention and fight against
torture and other cruel, inhuman or degrading treatment or punishment,
Recalling 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 his or her
duties in accordance with those resolutions and the annexes thereto,
1. Decides to extend the mandate of the Special Rapporteur on torture and other
cruel, inhuman or degrading treatment or punishment for a further period of three years:
(a) To seek, receive, examine and act on information from Governments,
intergovernmental and civil society organizations, individuals and groups of individuals
regarding issues and alleged cases concerning torture or other cruel, inhuman or degrading
treatment or punishment;
(b) To conduct country visits with the consent or at the invitation of Governments
and to enhance further dialogue with them, and to follow up on recommendations made in
reports after visits to their countries;
(c) To study, in a comprehensive manner, trends, developments and challenges in
relation to combating and preventing torture and other cruel, inhuman or degrading treatment


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or punishment, and to make recommendations and observations concerning appropriate


measures to prevent and eradicate such practices;
(d) To identify, exchange and promote best practices on measures to prevent,
punish and eradicate torture and other cruel, inhuman or degrading treatment or punishment;
(e) To integrate a gender perspective and a victim-centred approach throughout
the work of his or her mandate;
(f) To continue to cooperate with the Committee against Torture, the
Subcommittee on Prevention of Torture and relevant United Nations mechanisms and bodies
and, as appropriate, regional organizations and mechanisms, national human rights
institutions, national preventive mechanisms and civil society, including non-governmental
organizations, and to contribute to the promotion of strengthened cooperation among the
above-mentioned actors;
(g) To report on all of his or her activities, observations, conclusions and
recommendations to the Human Rights Council in accordance with its programme of work,
and annually on overall trends and developments with regard to his or her mandate to the
General Assembly, with a view to maximizing the benefits of the reporting process;
2. Urges States:
(a) To cooperate fully with and to assist the Special Rapporteur in the performance
of his or her tasks, to supply all necessary information requested by him or her and to fully
and expeditiously respond to his or her urgent appeals, and urges those Governments that
have not yet responded to communications transmitted to them by the Special Rapporteur to
answer without further delay;
(b) To respond favourably to the Special Rapporteur’s requests to visit their
countries, and to enter into a constructive dialogue with the Special Rapporteur on requested
visits to their countries;
(c) To ensure, as an important element in preventing and combating torture and
other cruel, inhuman and degrading treatment or punishment, that no authority or official
orders, applies, permits or tolerates any sanction, reprisal, intimidation or other prejudice
against any person, group or association, including persons deprived of their liberty, for
contacting, seeking to contact or having been in contact with the Special Rapporteur or any
other international or national monitoring or preventive body active in the prevention and
combat of torture and other cruel, inhuman or degrading treatment or punishment;
(d) To ensure proper follow-up to the recommendations and conclusions of the
Special Rapporteur;
(e) To adopt a victim-centred and gender-sensitive approach in the fight against
torture and other cruel, inhuman or degrading treatment or punishment, paying special
attention to the views and needs of victims in policy development and other activities relating
to rehabilitation, prevention and accountability for torture and other cruel, inhuman or
degrading treatment or punishment, and gender-based violence that constitutes torture or
other cruel, inhuman or degrading treatment or punishment;
(f) To become parties to the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment and the Optional Protocol thereto as a
matter of priority, and to designating or establishing independent and effective national
preventive mechanisms for the prevention of torture and other cruel, inhuman or degrading
treatment or punishment in a timely manner;
(g) To ensure appropriate follow-up to conclusions, recommendations, requests
for further information and views on individual communications of the relevant treaty bodies,
including the Committee against Torture and the Subcommittee on Prevention of Torture;
(h) To consider providing adequate support to the United Nations Voluntary Fund
for Victims of Torture and the Special Fund established by the Optional Protocol to the
Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;

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3. Takes note with appreciation of the report of the Special Rapporteur; 37


4. Requests the Secretary-General to ensure, from within the overall budgetary
framework of the United Nations, the provision of an adequate and stable level of staffing
and the facilities and resources necessary for the Special Rapporteur, bearing in mind the
strong support expressed by Member States for preventing and combating torture and
assisting victims of torture;
5. Decides to continue to consider this matter in conformity with its annual
programme of work.
45th meeting
22 June 2020
[Adopted without a vote.]

43/21. Promoting mutually beneficial cooperation 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 and the Vienna Declaration
and Programme of Action, and 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,
Recalling previous resolutions adopted by the General Assembly and the Human
Rights Council on international cooperation in the field of human rights,
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,
Reaffirming also that all human rights derive from the dignity and worth inherent in
the human person and that the human person is the central subject of human rights and
fundamental freedoms, and consequently should be the principal beneficiary and should
participate actively in the realization of these rights and freedoms,
Reaffirming further that, while the significance of national and regional particularities
and various historical, cultural and religious backgrounds must be borne in mind, all States,
regardless of their political, economic and cultural systems, have the duty to promote and
protect all human rights and fundamental freedoms,
Acknowledging that the approach of multilateralism and diplomacy could reinforce
the advancement of the three pillars of the United Nations, namely, sustainable development,
peace and security and human rights, which are interlinked and mutually reinforcing, while
observing respective mandates and the Charter, and recognizing the urgent need to promote
and strengthen multilateralism,
Acknowledging also the important role that mutually beneficial cooperation among all
relevant stakeholders can play in promoting and protecting all human rights in an increasingly
interrelated world,
Emphasizing the responsibility of all States, in conformity with the Charter, to respect
human rights and fundamental freedoms for all, without distinction of any kind,
Recognizing the importance of ensuring universality, objectivity and non-selectivity
in the consideration of human rights issues, and the elimination of double standards and
politicization,
Reaffirming that each State has the inalienable right to choose freely and develop, in
accordance with the sovereign will of its people, its own political, social, economic and

37 A/HRC/43/49.


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cultural systems, without interference from any other State or non-State actor, in strict
conformity with the Charter, the Universal Declaration of Human Rights and other relevant
international instruments,
Reaffirming also that the work of the Human Rights Council shall be guided by the
principles of universality, impartiality, objectivity and non-selectivity, constructive
international dialogue and cooperation, with a view to enhancing the promotion and
protection of all human rights, civil, political, economic, social and cultural rights, including
the right to development,
Emphasizing the need for a cooperative and constructive approach on the part of all
stakeholders to resolving human rights issues in international forums, to contribute to the
promotion and protection of human rights,
Recognizing the importance of presenting best practices, positive outcomes and
experience in the field of human rights, in particular its role in promoting mutual learning
and mutual understanding, enhancing dialogue and assisting the promotion of technical
cooperation among States,
Considering that international cooperation in the field of human rights, in conformity
with the purposes and principles set out in the Charter and international law and based on the
principles of cooperation and genuine dialogue, makes an effective and practical contribution
to preventing violations of human rights and fundamental freedoms and strengthening the
capacity of States to comply with their human rights obligations for the benefit of all human
beings,
Emphasizing that genuine dialogue and cooperation in the field of human rights
should be constructive and based on universality, indivisibility, non-selectivity, non-
politicization, equality and mutual respect, with the aim of promoting mutual understanding,
expanding common ground and strengthening constructive cooperation, including through
capacity-building and technical cooperation,
Recognizing the importance of technical assistance and capacity-building provided in
consultation with, and with the consent of, the States concerned in promoting mutually
beneficial cooperation in the field of human rights,
Reiterating the need to further enhance the role of the Human Rights Council in
promoting technical assistance and capacity-building, including by exploring the avenues for
States to introduce their achievements and good practices in the field of human rights, to
share concrete experiences and expertise in promoting and protecting human rights, and to
voluntarily pledge their contributions and commitments,
Recognizing the role of the universal periodic review in, inter alia, promoting the
universality, interdependence, indivisibility and interrelatedness of all human rights,
establishing a cooperative mechanism based on objective and reliable information and on
interactive dialogue, and ensuring universal coverage and equal treatment of all States in
contributing to the promotion and protection of human rights and mutually beneficial
cooperation,
Recognizing also that dialogue among religions, cultures and civilizations in the field
of human rights could contribute greatly to the enhancement of international cooperation in
this field,
Recognizing further the importance of fostering international relations based on
mutual respect, fairness, justice and mutually beneficial cooperation, and of building a
community of shared future for human beings in which human rights are enjoyed by all,
1. Calls upon all States to uphold multilateralism and to work together to promote
mutually beneficial cooperation in the field of human rights, and encourages other
stakeholders, including international and regional organizations and non-governmental
organizations, to contribute actively to this endeavour;
2. Stresses the critical role of the Human Rights Council as the principal
intergovernmental body dealing with human rights within the United Nations system, and
emphasizes the need for the Council to fulfil its mandate with a strong commitment to

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multilateralism by implementing the principles of universality, impartiality, objectivity and


non-selectivity, constructive international dialogue and cooperation, with a view to
enhancing the promotion and protection of all human rights;
3. Calls upon all States and other stakeholders to undertake constructive and
genuine dialogue and cooperation in the field of human rights, based on universality,
impartiality, objectivity, indivisibility, non-selectivity, non-politicization, equality and
mutual respect, with the aim of promoting mutual understanding, expanding common
ground, narrowing differences and strengthening constructive cooperation;
4. Reiterates the important role of technical assistance and capacity-building in
promoting and protecting human rights, calls upon States to strengthen human rights
technical assistance and capacity-building through mutually beneficial cooperation, upon the
request of and in accordance with the priorities set by the States concerned, and welcomes in
this regard North-South, South-South and triangular cooperation;
5. Takes note of the report of the Human Rights Council Advisory Committee on
the role of technical assistance and capacity-building in fostering mutually beneficial
cooperation in promoting and protecting human rights; 38
6. Emphasizes the importance of the universal periodic review as a mechanism
based on cooperation and constructive dialogue with the objective of, inter alia, improving
the situation of human rights on the ground and promoting the fulfilment of the human rights
obligations and commitments undertaken by States, and calls upon all States and relevant
stakeholders to participate constructively in it;
7. Invites relevant United Nations human rights mechanisms and procedures to
continue to pay attention to the importance of mutually beneficial cooperation in promoting
and protecting all human rights;
8. Decides to convene at its forty-sixth session a meeting under item 3 of its
agenda, with a duration of two hours, to be presided over by the President of the Human
Rights Council, on the theme of the role of poverty alleviation in promoting and protecting
human rights, with the participation of senior officials from States to share information on
good practices and experience in their countries with regard to particular aspects of the
promotion and protection of human rights, and encourages States to take this opportunity to
facilitate relevant technical cooperation;
9. Requests the United Nations High Commissioner for Human Rights to provide
for the above-mentioned meeting all necessary resources for the services and facilities, and
to prepare a summary report on the meeting and to submit it to the Human Rights Council at
its forty-ninth session;
10. Decides to remain seized of the matter.
45th meeting
22 June 2020
[Adopted by a recorded vote of 23 to 16, with 8 abstentions. The voting was as follows:
In favour:
Angola, Argentina, Bahrain, Bangladesh, Brazil, Burkina Faso, Cameroon,
Eritrea, Indonesia, Mauritania, Mexico, Namibia, Nepal, Nigeria, Pakistan,
Philippines, Qatar, Senegal, Somalia, Sudan, Togo, Uruguay, Venezuela
(Bolivarian Republic of)
Against:
Australia, Austria, Bulgaria, Czechia, Denmark, Germany, India, Italy, Japan,
Marshall Islands, Netherlands, Poland, Republic of Korea, Slovakia, Spain,
Ukraine

38 A/HRC/43/31.


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Abstaining:
Afghanistan, Armenia, Bahamas, Chile, Democratic Republic of the Congo,
Fiji, Libya, Peru]

43/22. Mandate of the Special Rapporteur on the sale and sexual


exploitation of children, including child prostitution, child
pornography and other child sexual abuse material
The Human Rights Council,
Recalling Human Rights Council resolutions 7/13 of 27 March 2008 and 34/16 of 24
March 2017, and all relevant resolutions of the Commission on Human Rights, in particular
Commission resolution 1990/68 of 7 March 1990, and Economic and Social Council decision
2004/285 of 22 July 2004,
Emphasizing that the Convention on the Rights of the Child constitutes the standard
in the promotion and protection of the rights of the child, bearing in mind the importance of
the Optional Protocols to the Convention, and calling for their universal ratification and
effective implementation,
Deeply concerned about the persistence of the sale and the sexual exploitation and
abuse of children,
Recognizing the scale, complexity and enormous individual and societal harm of all
forms of sale and sexual exploitation and abuse of children, including online,
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 or her
duties in accordance with those resolutions and the annexes thereto,
1. Welcomes the work and contributions of the Special Rapporteur on the sale and
sexual exploitation of children, including child prostitution, child pornography and other
child sexual abuse material;
2. Decides to extend the mandate of the Special Rapporteur on the sale and sexual
exploitation of children, including child prostitution, child pornography and other child
sexual abuse material, in accordance with Human Rights Council resolutions 7/13 and 34/16,
for a further period of three years;
3. Requests the Special Rapporteur to support States in developing legal and
policy frameworks and child protection strategies in a child- and gender-responsive and
child-friendly manner to effectively prevent and eradicate new and emerging forms of online
sale and sexual exploitation and abuse of children, in accordance with international human
rights law;
4. Also requests the Special Rapporteur to continue to report annually on the
implementation of the mandate to the Human Rights Council and the General Assembly, in
accordance with their respective programmes of work, making suggestions and
recommendations on the prevention of the sale and sexual exploitation and abuse of children
and on the rehabilitation, recovery and reintegration of child victims and survivors, in a
gender-responsive and child rights-based manner;
5. Requests all States to cooperate fully with and to assist the Special Rapporteur
in the performance of his or her tasks, to provide all necessary information requested by him
or her and to consider favourably his or her requests for visits and for implementing his or
her recommendations;
6. Encourages the Special Rapporteur to continue to cooperate with the Special
Rapporteur on contemporary forms of slavery, including its causes and consequences and the
Special Rapporteur on trafficking in persons, especially women and children;
7. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the assistance necessary to the Special Rapporteur to fulfil the

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mandate, in particular by placing adequate human and material resources at his or her
disposal;
8. Decides to continue its consideration of this question in accordance with its
programme of work.
45th meeting
22 June 2020
[Adopted without a vote.]

43/23. Awareness-raising on the rights of persons with disabilities,


and habilitation and rehabilitation
The Human Rights Council,
Recalling the Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto,
Recalling also the universality, indivisibility, interdependence and interrelatedness of
all human rights and fundamental freedoms and the need for persons with disabilities to be
guaranteed the full enjoyment of their human rights and freedoms without discrimination,
Reaffirming all of its previous resolutions on the rights of persons with disabilities,
the most recent of which was resolution 37/22 of 23 March 2018 on equality and non-
discrimination of persons with disabilities and the rights of persons with disabilities to access
to justice, and welcoming the efforts of all stakeholders to implement those resolutions,
Recalling General Assembly resolution 74/144 of 18 December 2019 on the
implementation of the Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto,
Reaffirming that discrimination against any person on the basis of disability is a
violation of the inherent dignity and worth of the human person, and in this regard
recognizing that awareness-raising plays a key role in promoting respect for human rights,
empowering persons with disabilities and their families, and addressing the underlying
attitudes, values and beliefs that can be a cause of human rights violations and abuses,
including discriminatory laws, State policies, discourse and conduct,
Mindful of the need to incorporate a gender perspective and to take measures to
address multiple and intersecting forms of discrimination in all efforts to promote the full
enjoyment by persons with disabilities of human rights and fundamental freedoms,
Recalling the general principles reflected in the Convention, namely, non-
discrimination, full and effective participation and inclusion in society, respect for difference
and acceptance of persons with disabilities as part of human diversity and humanity,
individual autonomy and independence of persons, equality between men and women and
respect for the evolving capacities of children with disabilities,
Recognizing that participation, accountability, non-discrimination and empowerment
are fundamental principles of a human rights-based approach to disability, and recalling
article 3 of the Convention in that regard,
Recalling that article 8 of the Convention calls upon States parties to adopt immediate,
effective and appropriate measures to raise awareness throughout society, including at the
family level, regarding persons with disabilities, and to foster respect for the rights and
dignity of persons with disabilities, to combat stereotypes, prejudices and harmful practices
relating to persons with disabilities, including those based on sex and age, in all areas of life,
and to promote awareness of the capabilities and contributions of persons with disabilities,
Stressing the importance of awareness-raising in tackling deeply rooted stereotypes,
negative attitudes and stigma, which can lead to discrimination against persons with
disabilities, and in this regard stressing the importance of addressing harmful practices and
belief systems, including ableism, which is described as a value system that considers certain
characteristics of body and mind as essential for living a life of value,


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Recalling in particular that article 26 of the Convention, on habilitation and


rehabilitation, calls upon States parties to take effective and appropriate measures, including
through peer support, to enable persons with disabilities to attain and maintain maximum
independence, full physical, mental, social and vocational ability, and full inclusion and
participation in all aspects of life, and also calls upon States parties to organize, strengthen
and extend comprehensive habilitation and rehabilitation services and programmes,
particularly in the areas of health, employment, education and social services, and to promote
the availability, knowledge and use of assistive devices and technologies, including those
designed for persons with disabilities, as they relate to habilitation and rehabilitation,
Recognizing that habilitation and rehabilitation are a set of interventions that include
community-based health and non-health interventions designed and tailored to optimize the
function of individuals with impairments in context-specific situations and contribute to the
independence of the individual, their full inclusion and participation in society and their full
physical, mental, social and vocational ability, including where necessary early interventions
for children with disabilities,
Concerned that persons with disabilities also face restrictions in their access to
habilitation and rehabilitation services owing to lack of accessibility of buildings, equipment
and services, and that the distance to and from those facilities in rural and remote areas
constitutes a significant barrier to persons with disabilities owing to poverty and the absence
of accessible and affordable transport,
Acknowledging the importance of taking measures to raise awareness of the rights of
women and girls with disabilities in order to eliminate stereotypes, prejudices and violence,
including harmful practices that seriously violate and impair or nullify the enjoyment by
women and girls with disabilities of all human rights and fundamental freedoms and that
constitute a major impediment to their full, equal and effective participation in society, the
economy and political decision-making, and their access to health, including sexual and
reproductive health, employment, education and social services,
Noting the cross-cutting nature of equality and non-discrimination in the 2030 Agenda
for Sustainable Development, which has an impact on all the Sustainable Development
Goals, noting in particular target 3.8, on achieving universal health coverage, and target
17.18, to increase significantly the availability of high-quality, timely and reliable data
disaggregated by, inter alia, gender, age, disability and other characteristics relevant in
national contexts, as a means to measure the advancement under the 2030 Agenda and to
ensure that no one is left behind,
Welcoming the progress made towards mainstreaming disability, including the rights
of persons with disabilities, in the work of the United Nations, and welcoming also the launch
of the United Nations Disability Inclusion Strategy and the leadership of the Secretary-
General to bring about transformative and systematic change on disability inclusion across
the United Nations system,
Welcoming also the work of the Special Rapporteur on the rights of persons with
disabilities, and taking note with appreciation of her reports, 39
Welcoming further the work of the Committee on the Rights of Persons with
Disabilities, and taking note with appreciation of its general comments,
Welcoming the work undertaken by the task force on secretariat services, accessibility
for persons with disabilities and use of information technology,
Recalling Security Council resolution 2475 (2019) of 20 June 2019, in which the
Council addressed the disproportionate impact of armed conflict and related humanitarian
crises on persons with disabilities,
Noting with appreciation the Guidelines on the Inclusion of Persons with Disabilities
in Humanitarian Action launched by the Inter-Agency Standing Committee in 2019,

39 A/HRC/40/54 and Add.1; A/HRC/43/41 and Adds.1–3.

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1. Welcomes the fact that, to date, 180 States and one regional integration
organization have ratified or acceded to the Convention on the Rights of Persons with
Disabilities, which has 163 signatories, and that 94 States have signed and 96 States have
ratified or acceded to the Optional Protocol to the Convention, and calls upon those States
and regional integration organizations that have not yet ratified or acceded to the Convention
and the Optional Protocol to consider doing so as a matter of priority;
2. Encourages States that have ratified the Convention and have submitted one
or more reservations to it to initiate a process to review regularly the effect and continued
relevance of such reservations and to consider the possibility of withdrawing them;
3. Welcomes the reports of the Office of the United Nations High Commissioner
for Human Rights on the thematic studies on awareness-raising under article of the
Convention on the Rights of Persons with Disabilities 40 and habilitation and rehabilitation
under article 26 of the Convention, 41 and calls upon all stakeholders to consider the findings
and recommendations made in those studies with a view to implementing them, where
appropriate;
4. Calls upon States to take immediate, effective and appropriate measures to
raise awareness regarding persons with disabilities, applying a gender-responsive and human
rights-based approach, recognizing the capabilities and contributions throughout society of
persons with disabilities, fostering respect for the rights and dignity of persons with
disabilities and addressing stereotypes, prejudices and harmful practices, including those
based on gender and age, at all levels of society and in all areas of life, such as by:
(a) Initiating and maintaining effective public campaigns, media, education
systems and training programmes;
(b) Reviewing laws and policies that perpetuate the outdated understanding of
disability present in charity and medical models and ableism, and incorporating a human
rights-based approach to disability;
(c) Taking effective measures to raise awareness of the rights of women and girls
with disabilities in order to eliminate stereotypes, prejudices and violence, including harmful
practices;
(d) Ensuring that public awareness-raising campaigns promote a positive portrayal
of persons with disabilities, and taking all measures necessary to eliminate attitudinal barriers
that prevent or restrict the effective participation of persons with disabilities in society;
(e) Developing awareness-raising programmes, including in accessible formats, to
provide information about the rights of persons with disabilities, and information regarding
access to justice, accountability mechanisms and remedies, where rights are not respected,
including but not limited to complaint mechanisms, judicial remedies and legal aid services;
(f) Providing training to professionals, including judges and law enforcement
officials, health-care professionals, teachers and personnel working with persons with
disabilities to raise their awareness of the rights under the Convention, and addressing the
intersecting forms of discrimination that affect persons with disabilities in the enjoyment of
their rights;
(g) Working with media and other stakeholders to encourage the positive portrayal
of persons with disabilities in a manner consistent with the purpose of the Convention and to
modify harmful views of persons with disabilities, including through the production of
disability-sensitive content that promotes diversity and combats disability-based
discrimination;
(h) Refraining from supporting, through funding or as part of public-private
partnerships, campaigns that perpetuate stigmatization or stereotyping;

40 A/HRC/43/27.
41 A/HRC/40/32.


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(i) Ensuring that media regulatory and monitoring bodies have clear mandates to
establish and encourage mandatory accessibility standards that allow persons with disabilities
to access media content and digital environments on an equal basis with others;
(j) Ensuring the inclusion and participation of persons with disabilities in the
design and implementation of awareness-raising programmes and media-related legislation
and regulations, including institutional frameworks;
(k) Conducting, promoting and funding research and data collection, and
monitoring the evolution of attitudes towards persons with disabilities;
5. Calls upon States to take effective and appropriate habilitation and
rehabilitation measures that are person-centred and age- and gender-responsive, and address
multiple and intersecting forms of discrimination to enable persons with disabilities to attain
and maintain maximum independence, full physical, mental, social and vocational ability,
and full inclusion and participation in all aspects of life, such as by:
(a) Establishing and strengthening policy and legal frameworks and other
measures that provide for comprehensive, high-quality habilitation and rehabilitation
services that are voluntary and guarantee equal access for persons with disabilities, while
promoting a rights-based and participatory approach to rehabilitation;
(b) Developing and strengthening coordination mechanisms for a comprehensive
approach between State agencies in implementing high-quality habilitation and rehabilitation
services, given their cross-sectoral nature, including agencies working in the fields of public
health, social protection, employment and education;
(c) Promoting and developing a multidisciplinary and trained habilitation and
rehabilitation workforce, including by requiring and providing initial and continuing training
that takes a human rights-based approach to disability and promotes the availability,
knowledge and use of assistive devices and technologies;
(d) Developing and ensuring adequate resources for funding mechanisms to
provide equitable and adequate access to habilitation and rehabilitation services through a
combination of evidenced-based solutions, such as public funding, health insurance, social
insurance, public-private partnerships for service provision, and the reallocation and
redistribution of existing resources;
(e) Raising the awareness of public officials and other professionals and staff
working in habilitation and rehabilitation services of the rights of persons with disabilities
through immediate, effective and appropriate measures, with all campaigns focusing on a
human rights-based approach to disability and not framing persons with disabilities as
patients or objects of charity and care;
(f) Strengthening habilitation- and rehabilitation-related research and the
collection of data, disaggregated by people’s habilitation and rehabilitation requirements,
types and quality of habilitation and rehabilitation services provided, sex, age and disability,
especially in the priority areas identified by the World Health Organization, with systematic
dissemination of the results to support the development and provision of services;
6. Urges States to take all appropriate measures, including through awareness-
raising campaigns, to eliminate all forms of discrimination against women and girls with
disabilities, stereotypes and other harmful stigma based on gender and disability, and to
promote gender equality in order to ensure the equal enjoyment by women and girls of their
rights;
7. Calls upon States to engage in international cooperation efforts at all levels
aimed at enhancing their national capacities to raise awareness about persons with
disabilities, to provide habilitation and rehabilitation services and to encourage the
mobilization of public and private resources on a sustainable basis to mainstream the rights
of persons with disabilities in development, and invites the Office of the High Commissioner
and relevant United Nations agencies, and other donor mechanisms and partnerships to
consider ways to foster international cooperation activities in that regard, in close
consultation with persons with disabilities and their representative organizations;

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8. Encourages States to integrate in their reports to the high-level political forum


on sustainable development the advances made with regard to the rights of persons with
disabilities as reflected in laws, policies and practices developed relevant to the commitments
under the 2030 Agenda for Sustainable Development, and to develop human rights indicators
and collect data disaggregated by age, sex and disability to inform those indicators using the
Washington Group on Disability Statistics short set of questions for disaggregation;
9. Calls upon States to ensure that all international cooperation is inclusive of
persons with disabilities and does not contribute to creating new barriers for them;
10. Requests the Office of the High Commissioner to present an oral report to the
Human Rights Council on the implementation of the United Nations Disability Inclusion
Strategy across its programmes and operations at its forty-seventh and fiftieth sessions, and
also requests the Office to make its report to the Secretary-General on the Strategy publicly
available in an easy-to-read version and in an accessible format;
11. Decides that its next annual interactive debate on the rights of persons with
disabilities will be held at its forty-sixth session and will focus on participation in sport under
article 30 of the Convention, and will have international sign interpretation and captioning;
12. Also decides that an interactive debate on the rights of persons with disabilities
will be held at its forty-ninth session and will focus on article 31 of the Convention, on
statistics and data collection, and will have international sign interpretation and captioning;
13. Requests the Office of the High Commissioner to prepare its next annual
thematic study on the rights of persons with disabilities on participation in sport under article
30 of the Convention, and to prepare its subsequent study on statistics and data collection
under article 31 of the Convention, in consultation with States and other relevant
stakeholders, regional organizations, the Special Rapporteur on the rights of persons with
disabilities, civil society organizations, including organizations of persons with disabilities,
and national human rights institutions, requiring contributions to be submitted in an
accessible format, and requests that such stakeholder contributions, the studies themselves
and an easy-to-read-version of them be made available on the website of the Office of the
High Commissioner, in an accessible format, prior to the forty-sixth session of the Human
Rights Council;
14. Encourages the task force on secretariat services and accessibility for persons
with disabilities to report orally to the Human Rights Council on its work and on the progress
made in the implementation of its accessibility plan;
15. Urges States to consider further integrating and mainstreaming the perspective
and rights of persons with disabilities into the work of the Human Rights Council;
16. Encourages representative organizations of persons with disabilities, civil
society, national mechanisms as described in article 33 of the Convention, and national
human rights institutions to participate actively in the debates referred to in paragraphs 11
and 12 above and in regular and special sessions of the Human Rights Council and its
working groups;
17. Requests the Secretary-General, the High Commissioner and United Nations
offices to continue to work collaboratively on the progressive implementation of standards
and guidelines for the accessibility of facilities and services of the United Nations system,
taking into account relevant provisions of the Convention, and underlines that the Human
Rights Council, including its Internet resources, should be fully accessible to persons with
disabilities;
18. Requests the Secretary-General to continue to ensure that the work of the
Office of the High Commissioner with respect to the rights of persons with disabilities and
the Committee on the Rights of Persons with Disabilities are adequately resourced for the
fulfilment of their tasks;


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19. Decides to remain seized of the matter.


45th meeting
22 June 2020
[Adopted without a vote.]

43/24. Situation of human rights in the Islamic Republic of Iran

The Human Rights Council,


Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other relevant international human
rights instruments,
Recalling Human Rights Council resolutions 16/9 of 24 March 2011, 19/12 of 3 April
2012, 22/23 of 22 March 2013, 25/24 of 28 March 2014, 28/21 of 27 March 2015, 31/19 of
23 March 2016, 34/23 of 24 March 2017, 37/30 of 23 March 2018 and 40/18 of 22 March
2019, General Assembly resolution 74/167 of 18 December 2019, and all previous
resolutions of the Assembly on the situation of human rights in the Islamic Republic of Iran,
and regretting the lack of cooperation of the Islamic Republic of Iran with the requests made
by the Council and the Assembly in those resolutions,
Welcoming the report and recommendations of the Special Rapporteur on the situation
of human rights in the Islamic Republic of Iran submitted to the Human Rights Council, 42
and expressing serious concern at the developments noted in that report and the lack of access
permitted to the Special Rapporteur to travel to the Islamic Republic of Iran,
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 mandate holders are to discharge their duties in
accordance with those resolutions and the annexes thereto,
1. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights in the Islamic Republic of Iran for a further period of one year, and requests the
Special Rapporteur to submit a report on the implementation of the mandate to the Human
Rights Council at its forty-sixth session and to the General Assembly at its seventy-fifth
session;
2. Calls upon the Government of the Islamic Republic of Iran to cooperate fully
with the Special Rapporteur and to permit access to visit the country and to provide all
information necessary to allow the fulfilment of the mandate;
3. Requests the Secretary-General to provide the Special Rapporteur with the
resources necessary to fulfil the mandate.
45th meeting
22 June 2020
[Adopted by a recorded vote of 22 to 8, with 15 abstentions. The voting was as follows:
In favour:
Argentina, Australia, Austria, Bahamas, Bahrain, Bulgaria, Chile, Czechia,
Denmark, Fiji, Germany, Italy, Japan, Marshall Islands, Mexico, Netherlands,
Peru, Poland, Republic of Korea, Slovakia, Spain, Ukraine
Against:
Armenia, Eritrea, India, Indonesia, Libya, Pakistan, Philippines, Venezuela
(Bolivarian Republic of)
Abstaining:
Angola, Bangladesh, Brazil, Burkina Faso, Cameroon, Mauritania, Namibia,
Nepal, Nigeria, Qatar, Senegal, Somalia, Sudan, Togo, Uruguay]

42 A/HRC/43/61.

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43/25. Situation of human rights in the Democratic People’s


Republic of Korea

The Human Rights Council,


Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other human rights instruments,
Recalling all previous resolutions adopted by the Commission on Human Rights, the
Human Rights Council and the General Assembly on the situation of human rights in the
Democratic People’s Republic of Korea, including Council resolution 40/20 of 22 March
2019 and Assembly resolution 74/166 of 18 December 2019, and urging the implementation
of those resolutions,
Bearing in mind paragraph 3 of General Assembly resolution 60/251 of 15 March
2006,
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,
Stressing the importance of following up on the recommendations contained in the
report of the commission of inquiry on human rights in the Democratic People’s Republic of
Korea, 43 which was welcomed by both the Human Rights Council and the General Assembly,
and transmitted to the relevant bodies of the United Nations, including the Security Council,
Deeply concerned at the systematic, widespread and gross human rights violations in
the Democratic People’s Republic of Korea that, in many instances, constitute crimes against
humanity, and at the impunity of perpetrators, as described in the report of the commission
of inquiry,
Recalling the responsibility of the Democratic People’s Republic of Korea to protect
its population from crimes against humanity, and noting that the General Assembly in its
resolution 74/166 recalled that the commission of inquiry had urged the leadership of the
Democratic People’s Republic of Korea to prevent and suppress crimes against humanity and
to ensure that perpetrators were prosecuted and brought to justice,
Concerned that the precarious humanitarian situation in the country is exacerbated by
the restrictions imposed by the Government of the Democratic People’s Republic of Korea
on the free and unimpeded access for humanitarian agencies to all populations in need,
Concerned also that the humanitarian and human rights situation in the Democratic
People’s Republic of Korea may further deteriorate by the current threat of COVID-19,
emphasizing the importance of timely assistance to the Democratic People’s Republic of
Korea in the event of an outbreak of COVID-19 in the country, in accordance with relevant
Security Council resolutions, and underlining in this regard the importance of free and
unimpeded access to all populations in need,
Acknowledging General Assembly resolution 74/166, in which the Assembly noted
with concern the findings of the United Nations that 10.9 million people in the Democratic
People’s Republic of Korea were estimated to be undernourished, one third of children 6 to
23 months of age did not receive a minimum acceptable diet, 1 in 5 children suffered from
stunting (chronic malnutrition), around 9 million people were estimated to have limited
access to quality health services, and 39 per cent, or an estimated 9.75 million, of people did
not have access to a safely managed drinking water source, including 56 per cent of people
in rural areas, condemning the Democratic People’s Republic of Korea for its national
policies of, among others, diverting its resources into pursuing nuclear weapons and ballistic
missiles over the welfare of its people and their access to food, and emphasizing the necessity
for the Democratic People’s Republic of Korea to respect and ensure the welfare and inherent
dignity of the people in the country, as referred to by the Security Council in its resolutions

43 A/HRC/25/63.


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2321 (2016) of 30 November 2016, 2371 (2017) of 5 August 2017, 2375 (2017) of 11
September 2017 and 2397 (2017) of 22 December 2017,
Reaffirming that it is the responsibility of the Government of the Democratic People’s
Republic of Korea to ensure the full enjoyment of all human rights and fundamental freedoms
of its entire population, including by ensuring equal access to adequate food, as well as,
among others, freedom of religion or belief, freedom of expression and freedom of
association and assembly,
Recognizing that particular risk factors affect women, children, persons with
disabilities and the elderly, and the need to ensure the full enjoyment of all their human rights
and fundamental freedoms by them against neglect, abuse, exploitation and violence, and
taking note in this regard of the concluding observations of the Committee on the Elimination
of Discrimination against Women on the combined second to fourth periodic reports of the
Democratic People’s Republic of Korea 44 and the concluding observations of the Committee
on the Rights of the Child on the fifth periodic report of the Democratic People’s Republic
of Korea, 45
Encouraging the Democratic People’s Republic of Korea to implement all of the
recommendations made by the Special Rapporteur on the rights of persons with disabilities
in her report on her visit to the Democratic People’s Republic of Korea, submitted to the
Human Rights Council at its thirty-seventh session, 46 and noting with appreciation also the
submission of the initial report of the Democratic People’s Republic of Korea on the
implementation of the Convention on the Rights of Persons with Disabilities 47 in December
2018,
Acknowledging the participation of the Democratic People’s Republic of Korea in the
third cycle of the universal periodic review, noting the acceptance by the Government of the
Democratic People’s Republic of Korea of 132 out of the 262 recommendations contained in
the outcome of the review, 48 and its stated commitment to implement them and to look into
the possibility of implementing a further 56 recommendations, and emphasizing the
importance of the implementation of the recommendations in order to address the grave
human rights violations in the country,
Noting with regret that independent civil society organizations cannot operate in the
Democratic People’s Republic of Korea and, as a result, no civil society organization based
in the Democratic People’s Republic of Korea was able to submit a stakeholder report for the
universal periodic review process,
Stressing the importance of extending the cooperation of the Government of the
Democratic People’s Republic of Korea to the Office of the United Nations High
Commissioner for Human Rights,
Recognizing the important work of the treaty bodies in monitoring the implementation
of international human rights obligations, and emphasizing the need for the Democratic
People’s Republic of Korea to comply with its human rights obligations and to ensure regular
and timely reporting to the treaty bodies,
Stressing with grave concern the urgency and importance of the issue of international
abductions and of the immediate return of all abductees, expressing grave concern at the long
years of suffering experienced by abductees and their families and the lack of positive action
by the Democratic People’s Republic of Korea, notably since the investigations on all the
Japanese nationals commenced on the basis of the government-level consultations held
between the Democratic People’s Republic of Korea and Japan in May 2014, and calling
strongly upon the Democratic People’s Republic of Korea to address all allegations of
enforced disappearances, to provide accurate information to the families of victims on the
fate and whereabouts of their missing relatives, and to resolve all issues relating to all

44 CEDAW/C/PRK/CO/2-4.
45 CRC/C/PRK/CO/5.
46 A/HRC/37/56/Add.1.
47 CRPD/C/PRK/1.
48 A/HRC/42/10.

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abductees at the earliest possible date, in particular the immediate return of all abductees of
Japan and the Republic of Korea,
Welcoming diplomatic efforts, and stressing the importance of dialogue, including
inter-Korean dialogue, engagements and cooperation for the improvement of the human
rights and humanitarian situation in the Democratic People’s Republic of Korea,
Noting the urgency and importance of the issue of separated families, including
affected Koreans worldwide, and in this regard encouraging the resumption of reunions of
separated families across the border and in accordance with the commitments made on this
issue at the inter-Korean summit held on 19 September 2018 to strengthen humanitarian
cooperation to fundamentally resolve the issue of separated families, and highlighting the
importance of allowing permanent regular reunions and contact between separated families,
including through meetings at an easily accessible location and regular facility, regular
written correspondence, video reunions and the exchange of video messages, in accordance
with relevant Security Council resolutions,
Reaffirming the importance of States engaging fully and constructively with the
Human Rights Council, including with the universal periodic review process and other
mechanisms of the Council, for the improvement of their situation of human rights,
1. Condemns in the strongest terms the long-standing and ongoing systematic,
widespread and gross human rights violations and other human rights abuses committed in
and by the Democratic People’s Republic of Korea, and expresses its grave concern at the
detailed findings made by the commission of inquiry in its report, including:
(a) The denial of the right to freedom of thought, conscience and religion,
including the right to adopt a religion or belief, and of the rights to freedom of opinion,
expression and association, both online and offline, which is enforced through an absolute
monopoly on information and total control over organized social life, and arbitrary and
unlawful State surveillance that permeates the private lives of all citizens;
(b) Discrimination based on the songbun system, which classifies people on the
basis of State-assigned social class and birth, and also includes consideration of political
opinions and religion, discrimination against women, including unequal access to
employment, discriminatory laws and regulations, and violence against women;
(c) Violations of all aspects of the right to freedom of movement, including forced
assignment to State-designated places of residence and employment, often based on the
songbun system, and denial of the right to leave one’s own country;
(d) Systematic, widespread and grave violations of the right to food and related
aspects of the right to life, exacerbated by widespread hunger and malnutrition;
(e) Violations of the right to life and acts of extermination, murder, enslavement,
torture and other cruel, inhuman and degrading treatment or punishment, imprisonment, rape
and other grave forms of sexual and gender-based violence and persecution on any grounds,
including on the grounds of political opinion, religion or belief and sexual orientation and
gender identity in political prison camps and ordinary prisons, and the widespread practice
of collective punishment, with harsh sentences imposed on innocent individuals;
(f) Persistent violations of all rights of women and girls, who remain the most
vulnerable to trafficking for the purposes of prostitution, domestic servitude or early, child
and forced marriage, and of other forms of sexual and gender-based violence;
(g) The enforced and involuntary disappearance of persons by arrest, detention or
abduction against their will, the refusal to disclose the fate and whereabouts of the persons
concerned, and the refusal to acknowledge the deprivation of their liberty, which places
persons subjected thereto outside the protection of the law and which has had the effect of
inflicting severe suffering on them and their families;
(h) Systematic abduction, denial of repatriation and subsequent enforced
disappearance of persons, including those from other countries, on a large scale and as a
matter of State policy;


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2. Urges the Government of the Democratic People’s Republic of Korea to


acknowledge its crimes and human rights violations and abuses in and outside of the country,
and to take immediately all steps necessary to end all such crimes and violations through,
inter alia, the implementation of relevant recommendations in the report of the commission
of inquiry and General Assembly resolution 74/166, including, but not limited to, the
following steps:
(a) Ensuring the right to freedom of thought, conscience and religion or belief, and
the rights to freedom of opinion, expression and association, both online and offline,
including by permitting the establishment of independent newspapers and other media;
(b) Ending discrimination against citizens, including State-sponsored
discrimination based on the songbun system, and taking immediate steps to ensure gender
equality and women’s and girls’ full enjoyment of human rights and the protection of women
from sexual and gender-based violence;
(c) Ensuring the right to freedom of movement, including the freedom to choose
one’s place of residence and employment;
(d) Promoting equal access to food, including through humanitarian access to all
people in need and full transparency regarding the provision of humanitarian assistance so
that such assistance is genuinely provided to vulnerable persons, including individuals in
detention;
(e) Halting immediately all human rights violations relating to prison camps,
including the practice of forced labour and the use of torture and other cruel, inhuman and
degrading treatment or punishment and sexual and gender-based violence, dismantling all
political prison camps and releasing all political prisoners, immediately ceasing the practice
of the arbitrary and summary execution of persons in custody, and ensuring that justice sector
reforms provide protections for fair trials and due process;
(f) Resolving the issue of all persons who have been abducted or otherwise
forcibly disappeared and their descendants, in a transparent manner, including by ensuring
their immediate return;
(g) Ensuring the reunion of separated families across the border;
(h) Abolishing immediately the practice of guilt-by-association punishment;
(i) Ensuring that everyone within the territory of the Democratic People’s
Republic of Korea enjoys the right to liberty of movement and is free to leave the country,
including for the purpose of seeking asylum outside the Democratic People’s Republic of
Korea, without interference by the authorities of the Democratic People’s Republic of Korea;
(j) Providing nationals of other countries detained in the Democratic People’s
Republic of Korea with protections, including freedom of communication with and access to
consular officers, in accordance with the Vienna Convention on Consular Relations, to which
the Democratic People’s Republic of Korea is a party, and any other necessary arrangements
to confirm their status and to communicate with their families;
3. Recalls General Assembly resolution 74/166, in which the Assembly
expressed its very serious concern at the violations of workers’ rights, including the right to
freedom of association and effective recognition of the right to collective bargaining, the right
to strike and the prohibition of the economic exploitation of children and of any harmful or
hazardous work of children, as well as the exploitation of workers sent abroad from the
Democratic People’s Republic of Korea to work under conditions that reportedly amount to
forced labour;
4. Also recalls paragraph 11 of Security Council resolution 2371 (2017),
paragraph 17 of Council resolution 2375 (2017) and, in particular, paragraph 8 of Council
resolution 2397 (2017), in which the Council decided that Member States shall repatriate to
the Democratic People’s Republic of Korea all nationals of the Democratic People’s Republic
of Korea earning income in their jurisdictions and all Democratic People’s Republic of Korea
government safety oversight attachés monitoring Democratic People’s Republic of Korea
workers abroad immediately but no later than 24 months from 22 December 2017, unless the

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particular Member State determines that the national is a national of that Member State or is
prohibited from repatriation under applicable national and international law, including
international refugee law and international human rights law, the Agreement between the
United Nations and the United States of America regarding the Headquarters of the United
Nations or the Convention on the Privileges and Immunities of the United Nations, and urges
the Democratic People’s Republic of Korea to promote, respect and protect the human rights
of workers, including workers that have been repatriated to the Democratic People’s Republic
of Korea by 22 December 2019 at the latest, in accordance with paragraph 8 of Security
Council resolution 2397 (2017);
5. Further recalls paragraph 4 of General Assembly resolution 74/166, in which
the Assembly underscored its very serious concern regarding reports of torture, cruel,
inhuman and degrading treatment or punishment, summary executions, arbitrary detention,
abductions and other forms of human rights violations and abuses that the Democratic
People’s Republic of Korea commits against citizens of other countries within and outside of
its territory;
6. Reiterates its deep concern at the commission’s findings concerning the
situation of refugees and asylum seekers returned to the Democratic People’s Republic of
Korea, and other citizens of the Democratic People’s Republic of Korea who have been
repatriated from abroad and made subject to sanctions, including internment, torture, cruel,
inhumane and degrading treatment or punishment, sexual and gender-based violence,
enforced disappearance or the death penalty, and in this regard strongly urges all States to
respect the fundamental principle of non-refoulement, to treat humanely those who seek
refuge and to ensure unhindered access to the Office of the United Nations High
Commissioner for Refugees and the Office of the United Nations High Commissioner for
Human Rights with a view to protecting the human rights of those who seek refuge, and once
again urges State parties to comply with their obligations under international human rights
law and the Convention relating to the Status of Refugees and the Protocol thereto in relation
to persons from the Democratic People’s Republic of Korea who are covered by those
instruments;
7. Stresses and restates its grave concern about the commission’s finding that the
body of testimony gathered and the information received provided reasonable grounds to
believe that crimes against humanity have been committed in the Democratic People’s
Republic of Korea, pursuant to policies established at the highest level of the State for
decades and by institutions under the effective control of its leadership; these crimes against
humanity entail extermination, murder, enslavement, torture and other cruel, inhuman and
degrading treatment or punishment, imprisonment, rape, forced abortions and other sexual
and gender-based violence, persecution on political, religious, racial and gender grounds, the
forcible transfer of populations, the enforced disappearance of persons and the inhumane act
of knowingly causing prolonged starvation;
8. Stresses that the authorities of the Democratic People’s Republic of Korea have
failed to prosecute those responsible for crimes against humanity and other human rights
violations and abuses, and encourages all States, the United Nations system, including
relevant specialized agencies, regional intergovernmental organizations and forums, civil
society organizations, foundations and other stakeholders to cooperate with accountability
efforts, especially the efforts made by the Office of the United Nations High Commissioner
for Human Rights, and to ensure that these crimes do not remain unpunished;
9. Welcomes General Assembly resolution 74/166, in which the Assembly
encouraged the Security Council to continue its consideration of the relevant conclusions and
recommendations of the commission of inquiry and to take appropriate action to ensure
accountability, including through consideration of referral of the situation in the Democratic
People’s Republic of Korea to the International Criminal Court and consideration of the
further development of sanctions in order to target effectively those who appear to be most
responsible for human rights violations, which the commission has said may constitute
crimes against humanity;


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10. Commends the Special Rapporteur on the situation of human rights in the
Democratic People’s Republic of Korea for the activities undertaken to date and his
continued efforts in the conduct of his mandate despite the lack of access to the country;
11. Welcomes the report of the Special Rapporteur; 49
12. Recalls the recommendations of the commission of inquiry and General
Assembly resolution 74/166, and reiterates the importance of maintaining the grave human
rights situation in the Democratic People’s Republic of Korea high on the international
agenda, including through sustained communications, advocacy and outreach initiatives, and
requests the Office of the High Commissioner to strengthen those activities;
13. Welcomes the oral update of the High Commissioner on the implementation of
resolution 40/20, and commends the Office of the High Commissioner, including its field-
based structure in Seoul, for the efforts it has made to date, and encourages it to take into
account the experience of other relevant mechanisms, and to actively engage and cooperate
with national, regional and international mechanisms as appropriate as part of its efforts to
identify strategies for accountability, in accordance with international law standards;
14. Also welcomes the steps taken to strengthen the capacity of the Office of the
High Commissioner, including its field-based structure in Seoul, to allow the implementation
of relevant recommendations made by the group of independent experts on accountability in
its report aimed at strengthening current monitoring and documentation efforts, establishing
a central information and evidence repository, and having experts in legal accountability
assess all information and testimonies with a view to developing possible strategies to be
used in any future accountability process;
15. Requests the High Commissioner to submit a full written report on the
implementation of the recommendations to the Council at its forty-sixth session;
16. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights in the Democratic People’s Republic of Korea, in accordance with Human
Rights Council resolution 37/28, for a period of one year;
17. Calls again upon all parties concerned, including United Nations bodies, to
consider implementation of the recommendations made by the commission of inquiry in its
report in order to address the dire situation of human rights in the Democratic People’s
Republic of Korea;
18. Encourages the continuing endeavours of the field-based structure of the
Office of the High Commissioner in Seoul, welcomes its regular reports to the Human Rights
Council, and invites the High Commissioner to provide the Council with regular updates on
the situation of human rights in the Democratic People’s Republic of Korea;
19. Calls upon all States to undertake to ensure that the field-based structure of the
Office of the High Commissioner can function with independence, that it has sufficient
resources to fulfil its mandate, that it enjoys full cooperation with relevant Member States
and that it is not subjected to any reprisals or threats;
20. Requests the Office of the High Commissioner to report on its follow-up efforts
in the regular annual report of the Secretary-General submitted to the General Assembly on
the situation of human rights in the Democratic People’s Republic of Korea;
21. Requests the Special Rapporteur to submit regular reports to the Human Rights
Council and to the General Assembly on the implementation of his mandate, including on
the follow-up efforts made in the implementation of the recommendations of the commission
of inquiry;
22. Urges the Government of the Democratic People’s Republic of Korea, through
continuous dialogues, to invite and to cooperate fully with all special procedure mandate
holders, especially the Special Rapporteur, to give the Special Rapporteur and supporting
staff unrestricted access to visit the country, and to provide them with all information

49 A/HRC/43/58.

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necessary to enable them to fulfil such a mandate, and also to promote technical cooperation
with the Office of the High Commissioner;
23. Invites the Government of the Democratic People’s Republic of Korea to
extend an invitation to the Office of the High Commissioner to visit the country;
24. Encourages the Government of the Democratic People’s Republic of Korea to
provide comprehensive information on the implementation of the recommendations it
accepted in the second and third cycles of the universal periodic review, and to further expand
cooperation with other United Nations human rights mechanisms in order to address all
human rights violations and abuses in the country;
25. Encourages the United Nations system, including its specialized agencies,
States, regional intergovernmental organizations, interested institutions, independent experts
and non-governmental organizations to develop constructive dialogue and cooperation with
special procedure mandate holders, including the Special Rapporteur, and the field-based
structure of the Office of the High Commissioner;
26. Encourages all States, the United Nations Secretariat, including relevant
specialized agencies, regional intergovernmental organizations and forums, civil society
organizations, foundations and engaged business enterprises and other stakeholders towards
which the commission of inquiry has directed recommendations to take forward those
recommendations;
27. Also encourages all States, the United Nations Secretariat, including relevant
specialized agencies, regional intergovernmental organizations and forums, civil society
organizations, foundations and engaged business enterprises and other stakeholders to
support efforts aimed at improving dialogue on and engagements with regard to the
humanitarian and human rights situation, including international abductions, in the
Democratic People’s Republic of Korea, including inter-Korean dialogue;
28. Urges the Democratic People’s Republic of Korea to work with the
international community, including the United Nations system, in its efforts to prevent an
outbreak of COVID-19 in the Democratic People’s Republic of Korea so that the
international community can provide assistance based on independent needs assessments and
consistent with international standards and humanitarian principles, and in accordance with
relevant Security Council resolutions;
29. Encourages the United Nations system as a whole to continue to address the
grave situation of human rights in the Democratic People’s Republic of Korea in a
coordinated and unified manner, including through consideration by the Security Council;
30. Encourages all States that have relations with the Democratic People’s
Republic of Korea to use their influence to encourage it to take immediate steps to end all
human rights violations and abuses, including by closing political prison camps and
undertaking profound institutional reforms;
31. Requests the Secretary-General to provide the Special Rapporteur and the
Office of the High Commissioner with regard to the field-based structure with all the
assistance and adequate staffing necessary to carry out the mandate effectively, and to ensure
that the mandate holder receives the support of the Office of the High Commissioner;
32. Decides to transmit all reports of the Special Rapporteur to all relevant bodies
of the United Nations and to the Secretary-General for appropriate action.
45th meeting
22 June 2020
[Adopted without a vote.]


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43/26. Situation of human rights in Myanmar


The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights and the International Covenants on Human Rights, and reaffirming all relevant Human
Rights Council and General Assembly resolutions and decisions on the situation of human
rights in Myanmar, the most recent being Assembly resolution 74/246 of 27 December 2019
and Council resolutions S-27/1 of 5 December 2017, 37/32 of 9 April 2018, 39/2 of 27
September 2018, 40/29 of 22 March 2019 and 42/3 of 26 September 2019,
Welcoming the work and the reports of the Special Rapporteur on the situation of
human rights in Myanmar, including her report submitted to the Human Rights Council at its
forty-third session, 50 while deeply regretting the ongoing non-cooperation of the Government
of Myanmar with the Special Rapporteur and the denial of access to Myanmar since
December 2017,
Welcoming also the work of the independent international fact-finding mission on
Myanmar and in particular its final report 51 and its detailed findings, 52
Welcoming further the conclusions on Myanmar of the Working Group on Children
and Armed Conflict of the Security Council, 53 and noting the concern expressed by the
Working Group about the grave violations committed against children,
Welcoming the work of the Independent Investigative Mechanism for Myanmar,
established by the Human Rights Council in its resolution 39/2, to collect, consolidate,
preserve and analyse evidence of the most serious international crimes and violations of
international law committed in Myanmar since 2011, in particular in Rakhine, Kachin and
Shan States, making use of the information handed over by the independent international
fact-finding mission, and to prepare files in order to facilitate and expedite fair and
independent criminal proceedings, in accordance with international law standards, in
national, regional or international courts or tribunals that have, or may in the future have,
jurisdiction over these crimes, in accordance with international law,
Welcoming also the work of the Special Envoy of the Secretary-General on Myanmar,
and encouraging her further engagement and dialogue involving all relevant stakeholders,
including civil society, as requested by the General Assembly in its resolution 72/248 of 24
December 2017,
Welcoming further the report of the United Nations High Commissioner for Human
Rights on the root causes of the human rights violations and abuses the Rohingya people and
other minorities in Myanmar are facing, 54
Recognizing the ongoing humanitarian efforts and commitments that the Government
of Bangladesh, in cooperation with United Nations agencies and the international
community, including all humanitarian actors, has extended to those fleeing human rights
violations and abuses in Myanmar,
Recognizing also the complementary and mutually reinforcing work of the various
United Nations mandates working on Myanmar to improve the humanitarian situation and
the situation of human rights in the country,
Noting that the International Criminal Court has authorized a prosecutor to investigate
alleged crimes within the Court’s jurisdiction in the situation in Bangladesh and in Myanmar,
Welcoming the order of the International Court of Justice of 23 January 2020 in the
case lodged by the Gambia against Myanmar on the application of the Convention on the
Prevention and Punishment of the Crime of Genocide, which concluded that, prima facie, the

50 A/HRC/43/59.
51 A/HRC/42/50.
52 See conference room paper A/HRC/42/CRP.5, available from www.ohchr.org/EN/HRBodies/HRC/
MyanmarFFM/Pages/ReportHRC42thSession.aspx.
53 S/AC.51/2019/2.
54 A/HRC/43/18.

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Court had jurisdiction to deal with the case, which found that the Rohingya in Myanmar
appeared to constitute a “protected group” within the meaning of article 2 of the Genocide
Convention, and that there was a real and imminent risk of irreparable prejudice to the rights
of the Rohingya in Myanmar, and which indicated provisional measures against Myanmar,
Noting that the Independent Commission of Enquiry established by the Government
of Myanmar on 30 July 2018, notwithstanding the limits of its terms of reference and modus
operandi, recognized in the executive summary of its final report, which has not yet been
made public in its entirety, that war crimes, serious human rights violations and violations of
domestic law had been committed and that there were reasonable grounds to believe that
members of Myanmar security forces were involved,
Recalling that States have the primary responsibility to respect, protect and fulfil
human rights, and have the responsibility to comply with their obligations to prosecute those
responsible for violations of international law, including international humanitarian law,
international human rights law and international refugee law, and for abuses of human rights
law, and to provide an effective remedy to any person whose rights have been violated or
abused with a view to end impunity,
Reiterating the urgent need to ensure that all those responsible for violations of
international law, including international humanitarian law, international human rights law
and international refugee law and for abuses of human rights law, in particular in Rakhine,
Kachin and Shan States, are held to account through credible, competent and independent
national or international criminal justice mechanisms, while recalling the authority of the
Security Council to refer the situation in Myanmar to the International Criminal Court, and
reiterating its invitation to Myanmar to become a party to the Rome Statute of the
International Criminal Court or to accept the exercise of jurisdiction of the International
Criminal Court in accordance with article 12 (3) of the Rome Statute,
Reiterating its deep concern at the escalation of violence between the Myanmar armed
forces (the Tatmadaw) and the Arakan Army in Rakhine and Chin States, the continuing
forced displacement of civilians, including of ethnic minorities, abductions, arbitrary
detentions and killings, and the use of facilities, functioning as schools, for military purposes,
as well as reports of violations and abuses of human rights, including the use of landmines,
making conditions unsuitable for the voluntary, safe, dignified and sustainable return of all
refugees and forcibly displaced persons, including Rohingya,
Expressing deep concern at the fact that diversion and unregulated or illicit arms
transfers may seriously undermine human rights, especially those of persons belonging to
minorities, women, children, the elderly, persons with disabilities and other vulnerable
groups,
Regretting the lack of progress in the peace process and that the Myanmar armed
forces decided to end its unilateral ceasefire in northern and eastern conflict areas in
September 2019, while encouraging them to announce a new ceasefire,
1. Expresses grave concern at continuing reports of serious human rights
violations and abuses in Myanmar, including sexual and gender-based violence and
violations and abuses against children, in particular in Rakhine, Kachin and Shan States, and
calls upon all parties and armed groups, in particular the Myanmar military and security
forces, to end immediately violence and all violations of international law, including of
international human rights law and international humanitarian law, and human rights abuses
in Myanmar;
2. Also expresses grave concern at the ongoing conflict in Rakhine, Chin, Kachin
and Shan States between the armed forces of Myanmar, the Arakan Army and other armed
groups, the culture of impunity that exists in the Myanmar security forces, and at the
continuing forced displacement of civilians, mass and systemic human rights violations and
abuses, and killings, and the dire humanitarian situation due to the conflict, encourages the
eradication of deployed landmines and the cessation of their use in all circumstances, and
calls upon all parties to show restraint and cease conflict, to respect their relevant obligations
under international human rights law and international humanitarian law, to ensure the safety


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and protection of civilians, to hold perpetrators accountable in ensuring justice to victims and
survivors and to show readiness to re-engage in dialogue;
3. Welcomes the order of the International Court of Justice of 23 January 2020,
and urges the Government of Myanmar, in accordance with the Court’s order in relation to
members of the Rohingya group in its territory, to take all measures within its power to
prevent the commission of all acts within the scope of article 2 of the Convention on the
Prevention and Punishment of the Crime of Genocide, to ensure that its military and any
irregular armed units that may be directed or supported by it and any organizations and
persons that may be subject to its control, direction or influence do not commit, inter alia,
any such acts, to prevent the destruction and ensure the preservation of evidence, and to report
to the Court as ordered on all measures taken to give effect to the order, notes the priority
accorded to the International Court of Justice process by Myanmar to date, and notes the
meeting of the Security Council held on 4 February 2020;
4. Calls upon the Government of Myanmar to ensure the protection of the human
rights of all persons in Myanmar and to take all measures necessary to ensure justice and
accountability, to end impunity for all violations and abuses of human rights by undertaking
a full, transparent, impartial and independent investigation into all reports of violations and
abuses of international human rights law and international humanitarian law, and to ensure
that perpetrators are held accountable in fair and independent criminal proceedings, in courts
or tribunals, in accordance with international law standards;
5. Also calls upon the Government of Myanmar to fully recognize and address
the needs of victims and survivors and their right to effective remedy, including by prompt,
effective and independent casualty recording, and guarantees of non-recurrence;
6. Urges the Government of Myanmar to make public in its entirety the final
report of the Independent Commission of Enquiry, including the annexes thereto, without
further delay, and calls upon the Government to set out its plan of action, with the full
participation of all stakeholders, on how it will implement the recommendations, including
by taking credible action to bring to justice those responsible for serious violations and abuses
of human rights;
7. Deplores the release, after only nine months of detention, of the members of
the Myanmar military who were convicted by court martial of the unlawful killing of
Rohingya civilians in Inn Din, Rakhine State, and repeats its call upon the Government and
the Myanmar armed forces to take the measures necessary to ensure accountability and to
end impunity for those crimes;
8. Welcomes the release of journalists Wa Lone and Kyaw Soe Oo, and reiterates
its call for the immediate and unconditional release of all other journalists, media workers,
human rights defenders and activists detained, charged and arrested and for the Government
of Myanmar to fulfil its commitment to release unconditionally all political prisoners and to
provide for the full rehabilitation of former political prisoners;
9. Calls for the Independent Investigative Mechanism for Myanmar established
by the Human Rights Council in its resolution 39/2 to continue to discharge its mandate,
making use of the information collected by the independent international fact-finding mission
and other credible sources, and for close and timely cooperation between the Mechanism and
any future investigations by national, regional or international courts or tribunals, including
by the International Criminal Court or the International Court of Justice;
10. Calls upon the United Nations to ensure that the Independent Investigative
Mechanism for Myanmar is afforded the necessary support and resources in terms of staffing,
location and operational freedom so that it can deliver as effectively as possible on its
mandate, and urges Myanmar and Member States to cooperate with the Mechanism, to grant
it access and to provide it with every assistance in the execution of its mandate and with other
sources of information, and the appropriate protection of confidentiality, security and support
for victims and witnesses to fully respect and comply with the principle of “do no harm”;
11. Stresses the need to effectively address the root causes of human rights
violations and abuses against ethnic minorities, including the Rohingya, in Rakhine State,
and also the need to create conditions and to establish a plan conducive to the voluntary, safe,

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dignified and sustainable return of all refugees and forcibly displaced persons, including
Rohingya;
12. Reiterates the importance of the full implementation of all recommendations
made by the Advisory Commission on Rakhine State, 55 including those on access to
citizenship, freedom of movement, the elimination of systematic segregation and all forms
of discrimination, and inclusive and equal access to health services and education, and birth
registration, in full consultation with all ethnic and minority groups, including the Rohingya,
and persons in vulnerable situations, as well as civil society, and calls upon the Government
of Myanmar to regularly report to the United Nations on the concrete steps taken to
implement each of the Commission’s 88 recommendations;
13. Notes the commitment of the Government of Myanmar to enable Muslim youth
to attend classes at universities across Myanmar, making scholarships available to students
from all communities living in Rakhine, and strongly encourages the Government to broaden
the scope of that commitment to include all ethnic and religious minorities, including the
Rohingya, and to conduct a review of its official curriculum to fully recognize the country’s
ethnic and religious diversity;
14. Calls upon the Government of Myanmar, in line with the bilateral instruments
on repatriation signed by Bangladesh and Myanmar in November 2017, to take concrete steps
towards the creation of a conducive environment for the voluntary, safe, dignified and
sustainable return of the forcibly displaced Rohingya residing in Bangladesh, and to
disseminate authentic information, in partnership with the United Nations and other relevant
actors, on the conditions in Rakhine State in order to reasonably address the core concerns of
the Rohingya, thereby encouraging them to return to their places of origin or their place of
choosing, including through the implementation of the memorandum of understanding signed
by the Government of Myanmar, the United Nations Development Programme and the Office
of the United Nations High Commissioner for Refugees;
15. Encourages the international community, in the true spirit of interdependence
and burden-sharing, to continue to assist Bangladesh in the provision of humanitarian
assistance to forcibly displaced Rohingya and other minorities until their return to their places
of origin or their place of choosing in Myanmar, and to assist Myanmar in the provision of
humanitarian assistance to all affected persons of all communities displaced internally in
Myanmar, including in Rakhine State, taking into account the vulnerable situation of women,
children, older persons and persons with disabilities;
16. Notes the adoption of a national strategy on the resettlement of internally
displaced persons and the closure of camps for internally displaced persons by the
Government of Myanmar in November 2019, urges the implementation of the strategy in
accordance with international standards, in full consultation with the internally displaced
persons and by promoting their voluntary, safe, dignified and sustainable return to places of
origin or places of choosing and the removal of any restrictions on movement as the priority
in Kachin, Rakhine, Shan States and in the south-east of Myanmar, as well as in consultation
with the United Nations system and relevant civil society organizations, and encourages
ensuring consultation with and the representation of women at all levels of decision-making
relating to the camp-closure strategy and its implementation;
17. Calls upon the Government of Myanmar to cooperate fully with and to grant
full, unrestricted and unmonitored access for all United Nations mandates and human rights
mechanisms, including the Independent Investigative Mechanism for Myanmar, the Special
Rapporteur and relevant United Nations agencies and international and regional courts and
human rights bodies to independently monitor the situation of human rights, and to ensure
that individuals have unhindered access to and can communicate with the United Nations and
other human rights entities without fear of reprisal, intimidation or attack;
18. Also calls upon the Government of Myanmar to ensure full respect for
international humanitarian law and to allow free and unhindered access to the entire country

55 See Advisory Commission on Rakhine State, “Towards a peaceful, fair and prosperous future for the
people of Rakhine”, August 2017.


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for local and international staff of humanitarian and other relevant international agencies to
provide humanitarian assistance, including age-, disability- and gender-responsive
assistance, and the delivery of supplies and equipment in order to allow the said personnel to
perform efficiently their task of assisting affected civilian populations, including internally
displaced persons;
19. Urges the Government of Myanmar to grant full and unhindered access to the
diplomatic corps, independent observers and representatives of the national and international
independent media, without fear of reprisal, intimidation or attack, and to lift the Internet
shutdown in Rakhine and Chin States that has been in place in four townships since 21 June
2019 and five more townships since 3 February 2020;
20. Welcomes the involvement of the Association of Southeast Asian Nations in
finding solutions in Rakhine State and the establishment of an ad hoc support team of the
Association’s secretariat, and calls for an even stronger engagement by the Association in
close collaboration with relevant United Nations agencies in supporting voluntary, safe,
dignified and sustainable returns in compliance with international law, including
international humanitarian law, international human rights law and refugee law;
21. Calls upon the Government of Myanmar to safeguard those who report
violations and abuses, and in this regard expresses concern at reports of the arrest of
individuals exercising those rights, and also calls upon the Government to amend or repeal
restrictive laws and to end remaining curbs on exercising the rights to the freedoms of religion
or belief, expression, association and peaceful assembly, both online and offline, which are
essential to ensure a safe and enabling environment for all, notably for civil society,
journalists and media workers, human rights defenders, casualty recorders, lawyers,
environmental and land rights activists and civilians;
22. Encourages the Government of Myanmar to review and repeal the
amendments made in 2018 to the Vacant, Fallow and Virgin Lands Management Law, and
urges the Government to establish an inclusive land governance framework and to resolve
issues of land tenure, in full consultation with affected populations, including ethnic minority
communities;
23. Expresses concern at the continued erosion of the freedoms of expression and
the press, and urges the Government of Myanmar to proceed with the reform of the Media
Law and to review, repeal or reform all relevant legislation, including the Official Secrets
Act, the Unlawful Associations Act, the Peaceful Assembly and Peaceful Procession Law,
articles 66 (d), 77 and 80 (c) of the Telecommunications Act, the Law Protecting the Privacy
and Security of Citizens, and articles 500, 505 (a) and 505 (b) of the Penal Code to bring
them into line with international human rights law obligations;
24. Welcomes the steps taken within the Parliament of Myanmar towards
amending the Constitution and in preparation for credible, inclusive and transparent elections
to be held in 2020, ensuring equal opportunity for the representation and participation of
women and minority groups as candidates and voters and that all people of Myanmar are able
to cast their vote, allowing all candidates to contest fairly and the international community to
monitor the elections, and ensuring that the democratic transition of Myanmar is sustained
by bringing all national institutions, including the military, under a democratically elected,
fully representative civilian government;
25. Urges the Government of Myanmar to restore full citizenship and voting rights
of all ethnic minorities in Myanmar, including the Rohingya, and to ensure free and fair
participation of the Rohingya and other minorities in the elections to be held in 2020 in
Myanmar;
26. Calls upon the Government of Myanmar to take the measures necessary to
promote the inclusion, human rights and dignity of all people living in Myanmar, to address
sexual and gender-based violence, discrimination and the spread of prejudice, including the
spread of disinformation, hate speech and inflammatory rhetoric also through social media,
and to combat the incitement to hatred and violence against ethnic, religious and other
minorities in accordance with the Rabat Plan of Action, also in line with recommendation 9
of the executive summary of the Independent Commission of Enquiry;

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27. Encourages the Government of Myanmar to accede to international human


rights conventions, in particular the International Covenant on Civil and Political Rights, the
International Convention on the Elimination of All Forms of Racial Discrimination, the
International Convention for the Protection of All Persons from Enforced Disappearance and
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment;
28. Welcomes the establishment by the Government of Myanmar of a committee
for the prevention of grave violations against children in armed conflict and looks forward to
its concrete results, and its ratification of the Optional Protocol to the Convention on the
Rights of the Child on the involvement of children in armed conflict, while urging the
Government to accelerate the implementation of the joint action plan to end and prevent the
recruitment and use of children by government forces, including by the Tatmadaw, and to
ensure accountability for grave violations against children, and emphasizes the need for the
Government to further protect the right of all children to acquire citizenship in order to
eliminate statelessness, in accordance with the State’s obligations under the Convention on
the Rights of the Child, and to ensure the protection of all children in armed conflict;
29. Calls upon the Government of Myanmar to ratify the Minimum Age
Convention, 1973 (No. 138), of the International Labour Organization, to eliminate child and
forced labour, including for ethnic groups such as the Rohingya, and to amend the draft
labour organization law, and further amend the Settlement of Labour Disputes Law to
promote freedom of association in accordance with international labour standards;
30. Encourages all business enterprises, including transnational corporations and
domestic enterprises operating in Myanmar, to respect human rights in accordance with the
Guiding Principles on Business and Human Rights and the recommendations made by the
independent international fact-finding mission in its conference room paper on the economic
interests of the Myanmar military, 56 and requests the home States of businesses investing in
Myanmar or with parts of their supply chains in Myanmar to advise those businesses to
conduct appropriate due diligence so that their activities do not support, or risk being seen to
be supporting, any human rights violations or abuses;
31. Welcomes the dialogue between the Government of Myanmar and the United
Nations on addressing conflict-related sexual and gender-based violence in Myanmar, and
encourages the Government to take action, inter alia, to hold perpetrators accountable, to
ensure adequate assistance and access to justice to victims and survivors of sexual and
gender-based violence and to support legal reforms, including a law on the prevention of
violence against women, and to provide training and capacity-building to justice and security
sector actors;
32. Also welcomes the Myanmar National Human Rights Commission Strategic
Plan (2020–2024) and the Commission’s reform efforts, and encourages the Myanmar
Parliament to enable the Commission to fulfil its mandate independently and in full
compliance with the principles relating to the status of national institutions for the promotion
and protection of human rights (the Paris Principles), regrets the lack of a transparent
selection process for commissioners and a clear intention to ensure that the Commission
reflects the country’s ethnic, religious, regional and gender diversity and includes human
rights expertise, and calls upon the Government of Myanmar to ensure the independence of
the Commission, including by supporting its compliance with the Paris Principles and
accreditation with the Global Alliance of National Human Rights Institutions;
33. Calls upon the Government of Myanmar to demilitarize mining regions and to
ensure the protection of human rights for workers in natural resource extraction and the
enforcement of environmental safety standards, and urges the Government to work with
relevant stakeholders and affected populations to develop inclusive policies for natural
resource management and benefit-sharing;

56 See conference room paper A/HRC/42/CRP.3, available from


http://www.ohchr.org/EN/HRBodies/HRC/MyanmarFFM/Pages/EconomicInterestsMyanmarMilitary
.aspx.


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34. Reiterates its call upon the Government of Myanmar to act on its commitment
to open a country office of the Office of the United Nations High Commissioner for Human
Rights, with a full mandate, and encourages the Government to issue a standing invitation to
all special procedures of the Human Rights Council;
35. Encourages the Government of Myanmar to maintain and enhance its
engagement with the Special Envoy of the Secretary-General on Myanmar, and allow her
continued access to support the ongoing fulfilment of her mandate;
36. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights in Myanmar for a further period of one year, requests the new mandate holder
to present an oral progress report to the Human Rights Council at its forty-fourth and forty-
fifth sessions and to submit a report to the Third Committee at the seventy-fifth session of
the General Assembly and to the Council at its forty-sixth session, in accordance with its
annual programme of work, and invites the Special Rapporteur to continue to monitor the
situation of human rights and to measure progress in the implementation of the
recommendations made by the mandate holder;
37. Requests the Special Rapporteur to undertake thematic research with a view to
monitoring the implementation of the recommendations made by the independent
international fact-finding mission on Myanmar, and to provide detailed updates on the issues
covered by the mission in its reports and conference room papers;
38. Calls upon the Government of Myanmar to resume without delay its
cooperation with the Special Rapporteur in the exercise of the mandate, including by
facilitating visits and granting unrestricted access throughout the country, and to resume its
work with the Special Rapporteur to develop a workplan and time frame for the swift
implementation of the proposed joint benchmarks identified by the mandate holder in her
previous reports, and for progress in priority areas of technical assistance and capacity-
building;
39. Welcomes the Secretary-General’s initiative to take concrete action based on
the recommendations contained in the report entitled “A brief and independent inquiry into
the involvement of the United Nations in Myanmar from 2010 to 2018”, and invites the
Secretary-General to provide an oral update to the Human Rights Council at its forty-sixth
session on progress made in the implementation of follow-up action to enable more effective
work in the future and to strengthen the prevention capacity of the United Nations system;
40. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur and the Independent Investigative
Mechanism for Myanmar with the assistance, resources and expertise necessary to enable
them to discharge their mandates fully.
45th meeting
22 June 2020
[Adopted by a recorded vote of 37 to 2, with 8 abstentions. The voting was as follows:
In favour:
Afghanistan, Argentina, Armenia, Australia, Austria, Bahamas, Bahrain,
Bangladesh, Brazil, Bulgaria, Burkina Faso, Chile, Czechia, Denmark, Eritrea,
Fiji, Germany, Italy, Libya, Marshall Islands, Mauritania, Mexico, Namibia,
Netherlands, Nigeria, Pakistan, Peru, Poland, Qatar, Republic of Korea,
Slovakia, Somalia, Spain, Sudan, Togo, Ukraine, Uruguay
Against:
Philippines, Venezuela (Bolivarian Republic of)
Abstaining:
Angola, Cameroon, Democratic Republic of the Congo, India, Indonesia,
Japan, Nepal, Senegal]

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43/27. Situation of human rights in South Sudan


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, the African Charter on
Human and Peoples’ Rights and relevant human rights treaties,
Reaffirming 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 forth in the Universal Declaration
of Human Rights,
Recalling Human Rights Council resolutions 34/25 of 24 March 2017, 37/31 of 23
March 2018 and 40/19 of 22 March 2019, the twenty-sixth special session of the Council,
including its resolution S-26/1 of 14 December 2016, and its resolution 31/20 of 23 March
2016, in which the Council established the Commission on Human Rights in South Sudan,
and all other previous Human Rights Council and Security Council resolutions and
President’s statements on South Sudan,
Noting all relevant decisions and communiqués of the African Union and the
Intergovernmental Authority on Development, and the communiqués of the Peace and
Security Council of the African Union of 14 November 2019 and 27 January 2020, in which
the Council, inter alia, re-emphasized its request to the Government of South Sudan and the
African Union Commission to accelerate the establishment of all transitional justice
mechanisms as provided for in the Revitalized Agreement on the Resolution of the Conflict
in the Republic of South Sudan, including the hybrid court for South Sudan, the commission
for truth, reconciliation and healing and the compensation and reparation authority,
Emphasizing that States have the primary responsibility for the promotion and
protection of human rights, and recalling that the Government of South Sudan has the
responsibility to protect all of its population in the country from genocide, war crimes, ethnic
cleansing and crimes against humanity,
Emphasizing also the importance of good governance and the rule of law as key
elements of conflict prevention, peacekeeping, conflict resolution and peacebuilding, and
stressing the responsibility of the Government of South Sudan to promote and protect
democratic and civic space in South Sudan, including through freedom of expression, of
peaceful assembly and of association, and by preventing attacks on and harassment of
journalists, media workers, civil society groups and human rights defenders, in the interest
of fostering an open and inclusive political environment that supports sustainable peace,
Recognizing that transitional justice mechanisms are important elements in a national
reconciliation process, as they, inter alia, address accountability, reparations, truth-seeking
and guarantees of non-recurrence, emphasizing the importance of the agreed principles for
transitional justice and the establishment of the hybrid court for South Sudan, the commission
for truth, reconciliation and healing and the compensation and reparation authority, as
outlined in chapter V of the Revitalized Agreement, and underlining the role that domestic,
regional and international accountability mechanisms can play in assisting South Sudan to
ensure accountability,
1. Welcomes the formation of the Revitalized Transitional Government of
National Unity, and recognizes that this represents a significant opportunity for peace,
stability and sustainable improvement to the situation in South Sudan through, inter alia, the
implementation of the commitments and obligations of South Sudan in respect of
international human rights law and international humanitarian law;
2. Also welcomes the Rome Declaration on the Peace Process in South Sudan of
12 January 2020, in which signatories recommitted to the Agreement on Cessation of
Hostilities, Protection of Civilians and Humanitarian Access of 21 December 2017, while
expressing concern at the ongoing violations of the permanent ceasefire and urging all parties
to the conflict to fully respect it;


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3. Stresses that States have the primary responsibility for the promotion and
protection of human rights, including to prevent recurrence of human rights violations and to
provide an effective remedy for victims of such violations, and recalls that the Government
of South Sudan has the responsibility to protect all of its population in the country from any
violations that may amount to crimes against international law, including war crimes and
crimes against humanity;
4. Urges the Revitalized Transitional Government of National Unity to address
the previous and current findings of the Commission on Human Rights in South Sudan, which
include economic crimes, such as tax evasion, money laundering and bribery; the recruitment
and use of children in armed conflict; localized conflict characterized by killings, the
abduction, torture and displacement of people and the looting and destruction of property;
the use of starvation as a method of warfare; the denial of humanitarian access and attacks
on civilian infrastructure, and violence against and intimidation of civil society, human rights
defenders, humanitarian personnel and journalists; and sexual and gender-based violence,
including rape, gang rape, sexual mutilation, forced marriage, abduction and sexualized
torture;
5. Stresses that those responsible for violations and abuses of human rights and
violations of international humanitarian law, including any that amount to war crimes or
crimes against humanity, should be held accountable while affording fair trial protections to
the accused, supporting victims and protecting potential witnesses before, during and after
legal proceedings;
6. Recognizes the political will of the Revitalized Transitional Government of
National Unity to promote and protect human rights and its desire for tangible progress and
for the prevention of any recurrence of human rights violations and abuses;
7. Welcomes the signing on 7 February 2020 of the Comprehensive Action Plan
to End and Prevent All Grave Violations against Children by the Government of South Sudan
and the armed groups signatory to the Revitalized Agreement on the Resolution of the
Conflict in the Republic of South Sudan, and urges all parties to the Action Plan to take
immediate and effective steps towards its implementation, including by releasing all children
that have been recruited and abducted;
8. Also welcomes the action plan on gender-based violence signed on 14 March
2019;
9. Acknowledges that demonstrable progress in key human rights issues of
concern is critical to any future change to the mandate of the Commission on Human Rights
in South Sudan;
10. Urges the Revitalized Transitional Government of National Unity, when
finalized, to establish all transitional institutions, including the hybrid court for South Sudan,
the commission for truth, reconciliation and healing and the compensation and reparation
authority, in accordance with the procedures outlined in the Revitalized Agreement;
11. Recognizes the importance of an inclusive process for national dialogue and
the implementation of the Revitalized Agreement, and urges all parties and international
partners to engage constructively with the African Union Commission, the African Union
High Representative for South Sudan and the institutions created pursuant to the Revitalized
Agreement;
12. Stresses the need for the effective and meaningful participation of women
during all stages and in all structures envisaged in the Revitalized Agreement, and for all
parties to the Agreement to meet their commitments regarding women’s representation and
to have regard to the need to ensure balance in the representation of youth, gender and
national and regional diversity in their appointments;
13. Calls upon the Revitalized Transitional Government of National Unity to allow
and facilitate, in line with United Nations guiding principles of humanitarian assistance, the
full, safe, rapid and unhindered access of relief personnel, equipment and supplies free of
unnecessary duties and taxes to all those in need, in particular to the 1.67 million internally
displaced persons and 6.35 million people who are food insecure;

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14. Recognizes the important role and efforts of the Intergovernmental Authority
on Development in bringing parties together to work towards a peaceful resolution to the
conflict, supporting the inclusion of civil society, women and youth in the negotiations and
securing the Revitalized Agreement;
15. Also recognizes the important role of the reconstituted Joint Monitoring and
Evaluation Commission and the Ceasefire and Transitional Security Arrangements
Monitoring and Verification Mechanism in supporting the implementation of the Revitalized
Agreement and its ceasefire provisions, and urges all parties and international partners to
engage constructively with all the bodies created pursuant to the Revitalized Agreement;
16. Welcomes the report of the Secretary-General on children and armed conflict, 57
while expressing grave concern at the findings of the Secretary-General in his report on
children and armed conflict in South Sudan 58 and of the Panel of Experts on South Sudan
submitted pursuant to Security Council resolution 2428 (2018) of 9 April 2019; 59
17. Also welcomes the joint reports of the Office of the United Nations High
Commissioner for Human Rights and the United Nations Mission in South Sudan entitled
“Conflict-related violations and abuses in Central Equatoria: September 2018–April 2019”
and “Conflict-related sexual violence in Northern Unity: September–December 2018”, while
deeply concerned by their findings regarding the persistence of localized conflict-related
sexual violence against women and men, boys and girls, and the lack of accountability for
perpetrators;
18. Takes note with appreciation of the report of the Commission on Human
Rights in South Sudan 60 and the recommendations contained therein;
19. Notes with appreciation that the Government of South Sudan has cooperated
with the Office of the High Commissioner, the special procedures of the Human Rights
Council and the Commission on Human Rights in South Sudan in the fulfilment of its
mandate, including by authorizing travel to and within the country and providing meetings
and relevant information, and calls upon the Government to cooperate fully and
constructively with and to provide unhindered access to them, as well as to the United Nations
Mission in South Sudan, and regional, subregional and international mechanisms on the
ground;
20. Reaffirms the importance of the mandate of the Commission on Human Rights
in South Sudan, with continued emphasis on the need to establish the facts and circumstances
of alleged violations and abuses of human rights with a view to ensuring that those
responsible are held to account, and welcomes the recommendations made by the
Commission on ending impunity and ensuring accountability;
21. Decides to extend the mandate of the Commission on Human Rights in South
Sudan, composed of three members, for a period of one year, renewable as authorized by the
Human Rights Council, with the following mandate:
(a) To monitor and report on the situation of human rights in South Sudan, and to
make recommendations to prevent deterioration of the situation with a view to its
improvement;
(b) To determine and report the facts and circumstances of, to collect and preserve
evidence of, and to clarify responsibility for alleged violations and abuses of human rights
and related crimes, including sexual and gender-based violence and ethnic violence, with a
view to ending impunity and providing accountability, and to make such information
available also to all transitional justice mechanisms, including those to be established
pursuant to chapter V of the Revitalized Agreement, including the hybrid court for South
Sudan, once established in cooperation with the African Union;

57 A/73/907–S/2019/509.
58 S/2018/865.
59 S/2019/301.
60 A/HRC/43/56.


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(c) To provide guidance on transitional justice, including accountability,


reconciliation and healing, as appropriate, and to make recommendations on technical
assistance to the Government of South Sudan to support accountability, reconciliation and
healing;
(d) To engage with the Government of South Sudan, international and regional
mechanisms, including the United Nations, the United Nations Mission in South Sudan and
the African Union, including by building upon the work of the African Union Commission
of Inquiry on South Sudan and African Commission on Human and Peoples’ Rights, the
Intergovernmental Authority on Development, including the Partners Forum, the Chair of the
reconstituted Joint Monitoring and Evaluation Commission and civil society, with a view to
promoting accountability for human rights violations and abuses committed by all parties;
(e) To make recommendations on technical assistance and capacity-building,
including to law enforcement institutions, on the promotion and protection of human rights
and fundamental freedoms, including on addressing sexual and gender-based violence;
(f) To make recommendations on technical assistance and capacity-building for
implementation of chapter V of the Revitalized Agreement;
(g) To make recommendations on a follow-up process for the provision of
technical assistance and capacity-building to South Sudan;
22. Requests the Commission on Human Rights in South Sudan to convene two
workshops on transitional justice, with the participation of relevant stakeholders;
23. Also requests the Commission on Human Rights in South Sudan to work
collaboratively with the African Commission on Human and Peoples’ Rights, including with
the Country Rapporteur for South Sudan;
24. Requests the Office of the High Commissioner to provide all the
administrative, technical and logistical support necessary to enable the Commission on
Human Rights in South Sudan to carry out its mandate, including computer software to
support the Commission’s evidence collection function;
25. Also requests the Office of the High Commissioner to provide the Revitalized
Transitional Government of National Unity with technical assistance in order to support the
realization of the indicators contained in the present resolution;
26. Requests the Commission on Human Rights in South Sudan to present an oral
update to the Human Rights Council at its forty-fifth session, including on progress made for
provisions within the present resolution, during an enhanced interactive dialogue, with the
participation of representatives of the African Union, and to present a comprehensive written
report to the Council at its forty-sixth session during an interactive dialogue;
27. Also requests the Commission on Human Rights in South Sudan to submit its
report and recommendations to the Human Rights Council and then to share them with the
African Union and all relevant organs of the United Nations, including the United Nations
Mission in South Sudan;
28. Decides to remain seized of the matter.
45th meeting
22 June 2020
[Adopted without a vote.]

43/28. The human rights situation in the Syrian Arab Republic

For the text of the resolution, see chapter II.

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43/29. Prevention of genocide


The Human Rights Council,
Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights and the Convention on the Prevention and Punishment of the Crime of Genocide, and
other relevant international instruments,
Recalling its resolutions 7/25 of 28 March 2008, 22/22 of 22 March 2013, 28/34 of
27 March 2015 and 37/26 of 23 March 2018 on the prevention of genocide,
Recognizing that at all periods of history genocide has inflicted great losses on
humanity,
Reaffirming the significance of the Convention on the Prevention and Punishment of
the Crime of Genocide, the first human rights treaty adopted by the General Assembly, on 9
December 1948, and succeeded by the adoption of the Universal Declaration of Human
Rights on the next day, as an effective international instrument for the prevention and
punishment of the crime of genocide,
Emphasizing that the crime of genocide is recognized in the Convention as an odious
scourge, and that further international cooperation is required to facilitate the timely
prevention and punishment of the crime of genocide,
Deeply concerned about the occurrence in recent history of genocide, recognized as
such by the international community, on the basis of and as defined in the Convention, and
bearing in mind that massive, serious and systematic violations of human rights and
international humanitarian law might result in genocide,
Taking into consideration the fact that States parties to the Convention on the Non-
Applicability of Statutory Limitations to War Crimes and Crimes against Humanity of 26
November 1968 have agreed that no statutory limitation shall apply to such crimes, including
the crime of genocide, irrespective of the date of their commission,
Affirming that impunity for the crime of genocide, war crimes and crimes against
humanity encourages their occurrence and is a fundamental obstacle to the furtherance of
cooperation among peoples and the promotion of international peace and security, and that
fighting impunity for such crimes is an important factor in their prevention,
Condemning impunity for genocide, war crimes and crimes against humanity, and
emphasizing the responsibility of States to comply with their obligations under relevant
international instruments to end impunity and, to that end, to thoroughly investigate and
prosecute persons responsible for genocide, crimes against humanity, war crimes or other
massive, serious or systematic violations of human rights and international humanitarian law
in order to avoid their recurrence and to seek sustainable peace, justice, truth and
reconciliation, and in this regard stressing also the importance of strengthening the capacity
of domestic jurisdictions and inter-State cooperation,
Acknowledging the significant progress made by the international community,
including within the United Nations system, in developing relevant mechanisms and
practices to prevent and punish the crime of genocide, thereby contributing to the effective
implementation of the Convention,
Recalling General Assembly resolution 96 (I) of 11 December 1946, in which the
Assembly declared genocide a crime under international law, and all subsequent resolutions
within the United Nations system that have contributed to the establishment and development
of the process of prevention and punishment of the crime of genocide, including Assembly
resolution 60/1 of 16 September 2005,
Acknowledging with appreciation that genocide is defined among the most serious
crimes of concern to the international community as a whole in the Rome Statute of the
International Criminal Court, and also acknowledging the role of the Court and other relevant
international criminal tribunals in helping to increase accountability for the crime of
genocide,


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Stressing the importance of the promotion of truth, justice, reparation and guarantees
of non-recurrence to the prevention of genocide, and also stressing that perpetrators of this
crime should be held criminally accountable on the national or international level,
Acknowledging the work of the Special Rapporteur on the promotion of truth, justice,
reparation and guarantees of non-recurrence and its positive impact on the prevention of gross
violations of human rights and serious violations of international humanitarian law through
a holistic approach to transitional justice,
Acknowledging also the reports of the Office of the United Nations High
Commissioner for Human Rights on the right to the truth, 61 and encouraging States to
cooperate with the Special Rapporteur on the promotion of truth, justice, reparation and
guarantees of non-recurrence,
Encouraging States to promote the ascertainment of the truth by appropriate means as
an important element in combating impunity and promoting accountability as part of the
prevention of genocide and comprehensive reconciliation,
Recognizing the importance of preserving historic memory, without distortion,
relating to gross human rights violations, abuses and serious violations of international
humanitarian law through the conservation of archives, oral histories and other forms of
evidence relating to those violations,
Recognizing also that an important factor in the prevention of genocide is the
identification of the root causes of genocide, as well as early warning signs,
Expressing deep concern that genocide is typically preceded by widespread and
systematic human rights violations and abuses of civil and political rights, as well as of
economic, social and cultural rights, often linked to patterns of discrimination or exclusion
of protected groups, populations or individuals based on their ethnic, racial, national or
religious background,
Noting with concern that the crime of genocide, war crimes and crimes against
humanity are often preceded or accompanied by statements by political leaders and public
figures that express support for the affirmation of superiority of a race or an ethnic group,
dehumanize and demonize persons belonging to minorities, disseminating hostility and
prejudice against ethnic, religious or racial groups, or condone or justify violence against
them,
Recognizing that gender plays a role in the planning and commission of genocide and
the distinct ways it can be planned and perpetrated against women, men, girls and boys,
including through acts of sexual and gender-based violence, and the importance that gender
analysis has for prevention and accountability measures,
Strongly condemning violence against women and girls, such as murder, rape,
including systematic rape, sexual slavery, forced pregnancy and enforced sterilization, and
calling for effective measures of accountability and redress where those acts amount to
violations of international human rights and humanitarian law,
Welcoming the launching of the United Nations Strategy and Plan of Action on Hate
Speech as an effective tool to fight incitement to discrimination, hostility and violence,
Welcoming also the Plan of Action for Religious Leaders and Actors to Prevent
Incitement to Violence that Could Lead to Atrocity Crimes,
Emphasizing that the presence of an organized, knowledgeable, strong and
representative civil society and free, diverse and independent media able to operate freely
would significantly reduce the risk of genocide,
Noting with concern that attempts to deny or to justify the crime of genocide as
defined in the Convention and established as such under international law may risk
undermining the fight against impunity, reconciliation and efforts to prevent genocide,

61 E/CN.4/2006/91, A/HRC/5/7, A/HRC/12/19, A/HRC/15/33 and A/HRC/17/21.

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Expressing deep concern that justification, biased accounts or denial of past instances
of genocide may increase the risk of reoccurrence of violence,
Acknowledging the necessity to protect the cultural heritage of persons belonging to
minorities from intentional destruction aimed at erasing evidence of their presence as a key
factor for preservation of their identity,
Recognizing the importance of fact-based casualty recording initiatives led by State
authorities, independent civil society or internationally mandated organizations, and the
contribution they can make to the effectiveness of early warning mechanisms, ensuring
accountability, truth, justice, reparation, guarantees of non-recurrence and the preservation
of historic memory, and combating genocide denial and other forms of hate speech,
Reaffirming that all peoples contribute to the diversity and richness of civilizations
and cultures, which constitute the common heritage of humankind,
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,
Recalling that the Human Rights Council was mandated by the General Assembly to
address situations of violations of human rights, including gross and systematic violations,
and to make recommendations thereon, and that it should also promote the effective
coordination and mainstreaming of human rights in the United Nations system,
Recognizing the important contribution of the United Nations human rights system to
efforts towards preventing situations in which the crime of genocide could be committed,
Reaffirming its full support for the mandate of the Special Adviser to the Secretary-
General on the Prevention of Genocide, who acts as, inter alia, an early warning mechanism
to prevent potential situations that could result in genocide,
Taking note of the framework of analysis for atrocity crimes developed by the Office
of the Special Advisers on the Prevention of Genocide and on the Responsibility to Protect
as one of the tools to assess the risk of genocide in any situation, and encouraging Member
States and regional and subregional organizations to use relevant frameworks, as appropriate,
for guidance in their prevention work,
Recalling the presentation of the reports of the Secretary-General submitted to the
Human Rights Council on the implementation of the Five-Point Action Plan 62 and the
activities of the Special Adviser, 63 as well as the practice of convening interactive dialogues
with the Special Adviser at the sessions of the Council,
Recalling also the fifteenth anniversary of the adoption of the 2005 World Summit
Outcome,
Acknowledging the important role played by regional and subregional arrangements
in the prevention of genocide and response to situations that may lead to genocide, and taking
note in this respect of the establishment of the Regional Committee for the Prevention and
Punishment of the Crime of Genocide, War Crimes, Crimes against Humanity and All Forms
of Discrimination by the International Conference on the Great Lakes Region, and of the
establishment of respective national committees by the member States of the Conference, the
Latin American Network for Genocide and Mass Atrocity Prevention, the Genocide Network
of the European Union and other national, regional and international initiatives,
Acknowledging also the successful outcome of the regional forums on the prevention
of genocide – the first, in Buenos Aires, from 10 to 12 December 2008; the second, in Arusha,
from 3 to 5 March 2010; the third, in Bern, from 4 to 6 April 2011; and the fourth, in Phnom
Penh, from 28 February to 1 March 2013 – and noting the first international meeting of Global
Action against Mass Atrocity Crimes, held in San José from 4 to 6 March 2014, the second,
held in Manila from 2 to 4 February 2016, and the third, held in Kampala from 23 to 25 May

62 E/CN.4/2006/84.
63 A/HRC/7/37 and A/HRC/10/30.


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2018, and acknowledging the Third Global Forum against the Crime of Genocide, held in
Yerevan from 9 to 11 December 2018, dedicated to the prevention of the crime of genocide
through education, culture and museums, and organized with the support of the Special
Adviser to the Secretary-General on the Prevention of Genocide,
Acknowledging further that victims of and others affected by the crime of genocide as
defined in the Convention call for a form of memorialization, which plays an important role
in the prevention of genocide,
Welcoming the report of the Secretary-General on the prevention of genocide on the
implementation of provisions of its resolution 37/26, with a particular focus on activities
aimed at raising awareness of the Convention on the Prevention and Punishment of the Crime
of Genocide and the realization of educational programmes and projects that contribute to
the prevention of genocide, 64
Welcoming also the summary report of the Office of the United Nations High
Commissioner for Human Rights on the high-level panel discussion to commemorate the
seventieth anniversary of the Convention on the Prevention and Punishment of the Crime of
Genocide, 65
1. Reaffirms the significance of the Convention on the Prevention and
Punishment of the Crime of Genocide as an effective international instrument for the
prevention and punishment of the crime of genocide;
2. Reiterates the responsibility of each individual State to protect its population
from genocide, which entails the prevention of such a crime, including incitement to it,
through appropriate and necessary means;
3. Reaffirms that the right to life under article 6 of the International Covenant on
Civil and Political Rights is a right from which no derogation is permitted under article 4 of
that Covenant, even in public emergencies that threaten the life of the nation, and does not
permit derogation from the obligations assumed under the Convention on the Prevention and
Punishment of the Crime of Genocide;
4. Recognizes the contribution that the Human Rights Council can make to the
prevention of genocide, including through the mandate set out by the General Assembly in
paragraph 5 (f) of its resolution 60/251 of 15 March 2006;
5. Calls upon all States to fully cooperate to this end with United Nations human
rights mechanisms, including the special procedures and the treaty bodies;
6. Encourages Member States to build their capacity to prevent genocide through
the development of individual expertise and the creation of appropriate offices within
Governments to strengthen the work on prevention;
7. Encourages States to consider the appointment of focal points on the
prevention of genocide, who could cooperate and exchange information and best practices
among themselves and with the Special Adviser to the Secretary-General on the Prevention
of Genocide, relevant United Nations bodies and with regional and subregional mechanisms;
8. Expresses its appreciation to all States that have ratified or acceded to the
Convention on the Prevention and Punishment of the Crime of Genocide, and in particular to
those States that have done so since the adoption by the Human Rights Council of its
resolution 37/26, namely Dominica, Mauritius and Turkmenistan;
9. Calls upon States that have not yet ratified or acceded to the Convention to
consider doing so as a matter of high priority and, where necessary, to enact national
legislation in conformity with the provisions of the Convention;
10. Stresses the importance of enhanced international cooperation, including
through the United Nations system and regional organizations, aimed at fostering the
principles enshrined in the Convention;

64 A/HRC/41/24.
65 A/HRC/40/33.

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11. Calls upon all States, in order to deter future occurrences of genocide, to
cooperate, including through the United Nations system, in strengthening appropriate
collaboration among existing mechanisms that contribute to the early detection and
prevention of massive, serious and systematic violations of human rights that, if not halted,
could lead to genocide;
12. Recognizes the important role of the Secretary-General in contributing to the
prompt consideration of cases of early warning or prevention, as mandated by the Security
Council in its resolution 1366 (2001) of 30 August 2001, and the functions of the Special
Adviser on the Prevention of Genocide who, in accordance with his mandate, collects
existing information, in particular from within the United Nations system, liaises with the
United Nations system on activities for the prevention of genocide and works to enhance the
capacity of the United Nations to analyse and manage information relating to genocide or
related crimes;
13. Requests all Governments to cooperate fully with the Special Adviser on the
Prevention of Genocide in the performance of his work, to furnish all relevant information
requested and to react promptly to his urgent appeals;
14. Underlines the important role of the United Nations human rights system,
including that of the Human Rights Council, the Office of the United Nations High
Commissioner for Human Rights and relevant special procedures and treaty bodies in
addressing the challenge of collating information on massive, serious and systematic
violations of human rights, thereby contributing to a better understanding and early warning
of complex situations that might lead to genocide;
15. Reiterates the importance of its universal periodic review mechanism, which
is an important instrument for advancing human rights, and invites States to include, where
appropriate, information on the prevention of genocide, war crimes and crimes against
humanity in their national reports;
16. Urges all States to implement accepted universal periodic review
recommendations relating to the prevention of genocide, war crimes and crimes against
humanity;
17. Encourages the engagement of civil society in the prevention of genocide
through concrete means such as advocacy, monitoring, reporting, education, conflict
prevention, and resolution and reconciliation initiatives;
18. Encourages the Special Adviser on the Prevention of Genocide and the High
Commissioner to further enhance the systematic exchange of information between their
offices and between the Special Adviser and all relevant special procedures, including those
concerned with the promotion and protection of human rights of persons belonging to
national, ethnic, racial or religious groups, as outlined in article II of the Convention, and to
continue collaboration with relevant international, regional and subregional organizations,
national human rights institutions and civil society;
19. Reiterates the importance, when addressing complex situations that might lead
to genocide as defined in the Convention, of a prompt and comprehensive examination of a
set of multiple factors, including legal factors and possible warning signs as identified in,
inter alia, the report of the Secretary-General on the implementation of the Five-Point Action
Plan and the framework of analysis for atrocity crimes developed by the Office of the Special
Advisers on the Prevention of Genocide and on the Responsibility to Protect, such as the
existence of groups at risk, the massive, serious and systematic violation of human rights, the
resurgence of systematic discrimination and the prevalence of expressions of hate speech
targeting persons belonging to national, ethnic, racial or religious groups, especially if they
are uttered in the context of an actual or potential outbreak of violence;
20. Recognizes that early warning signs of genocide may also include an increase
in serious acts of violence against women and children or the creation of conditions that
facilitate acts of sexual violence against those groups, including as a tool of terror, and calls
upon States to take the legislative and other measures necessary to protect women and
children from all forms of violence;


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21. Encourages States to ensure the full enjoyment of cultural rights, to take the
measures necessary to prevent the destruction of historic monuments, memorial sites,
including in places where crimes or atrocities have been committed, works of art or places of
worship that constitute the cultural or spiritual heritage of peoples in the context of genocide
prevention;
22. Urges States to preserve archives, oral histories and other forms of evidence
concerning genocide and serious violations of international human rights and humanitarian
law to facilitate the sharing and dissemination of knowledge and the investigation of such
violations, and to provide victims with access to an effective remedy, in accordance with
international law;
23. Encourages States to make use of appropriate international and regional
forums to address the issue of prevention of genocide, including, inter alia, the annual
meetings of regional and thematic organizations and their related human rights machinery
dedicated to the Universal Declaration of Human Rights and the Convention on the
Prevention and Punishment of the Crime of Genocide;
24. Invites Member States and regional and subregional organizations to look at
examples of best practices for the prevention of genocide developed in other regions, where
appropriate, taking into account their specific regional and national circumstances, with the
aim of exchanging experiences and good practices in order to strengthen prevention
measures, including early warning mechanisms and forms of cooperation;
25. Encourages Governments, in cooperation with international and regional
organizations and civil society, while promoting human rights education activities, to
continue to disseminate knowledge of the principles of the Convention, paying particular
attention to the principles of prevention;
26. Emphasizes the important role that education, including human rights
education and training, can play in genocide prevention, and encourages Governments to
promote, as appropriate, educational programmes and projects that contribute to the
prevention of genocide;
27. Notes the provision of training and technical assistance to Member States by
the United Nations to strengthen early warning mechanisms for the prevention of genocide,
and other prevention capacities, and encourages Member States to consider requesting such
assistance, if required;
28. Invites States as a preventive measure to provide appropriate ways, which may
include the establishment of national days of remembrance of victims of genocide, war
crimes and crimes against humanity, that will ensure that such horrendous crimes are never
forgotten and will provide an opportunity for everyone to learn lessons from the past and to
create a safer future;
29. Urges States to continue efforts aimed at the memorialization and
remembrance of past genocides as a way to prevent them by educating society;
30. Invites States to contribute to the implementation of Sustainable Development
Goal target 4.7 through teaching and learning about, inter alia, past instances and the
consequences of genocide;
31. Recalls the adoption by consensus of General Assembly resolution 69/323 on
11 September 2015, in which the Assembly proclaimed 9 December as the International Day
of Commemoration and Dignity of the Victims of the Crime of Genocide and of the
Prevention of This Crime;
32. Invites Member States and regional and subregional organizations to observe
the International Day of Commemoration and Dignity of the Victims of the Crime of
Genocide and of the Prevention of This Crime with public events that can memorialize and
educate, and thereby contribute to preventing the recurrence of genocide and other mass
atrocities;

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33. Welcomes the role that Member States and international organizations,
particularly the United Nations Organization, have played in commemorating past instances
of genocide by establishing and observing official days of remembrance;
34. Requests the Secretary-General, in collaboration with the Office on Genocide
Prevention and the Responsibility to Protect and with relevant entities of the United Nations
system, Governments and other stakeholders, to help to ensure the success of the observance
by the United Nations of the International Day of Commemoration and Dignity of the Victims
of the Crime of Genocide and the Prevention of This Crime and to assist Member States,
upon request and in compliance with the provisions of resolution 69/323 relating to funding,
in organizing activities for the observance of the International Day;
35. Invites the Special Adviser on the Prevention of Genocide to continue to
execute the activities under his mandate, including in the follow-up to the present resolution,
by providing States with guidance, assistance and follow-up, upon their request;
36. Requests the Secretary-General to draw up a roster of focal points and networks
on the prevention of genocide with updated information from Member States;
37. Requests the United Nations High Commissioner for Human Rights to
convene, before the forty-sixth session of the Human Rights Council, a one-day intersessional
meeting with a dialogue on cooperation in strengthening capacities for the prevention of
genocide, which will provide a space for States, relevant United Nations and regional human
rights mechanisms, United Nations agencies, funds and programmes, national human rights
institutions and other stakeholders, including academic experts and civil society
organizations, to share good practices, achievements, challenges and lessons learned on the
three main areas for genocide prevention: the strengthening of national capacities; the
promotion of States’ participation in regional and subregional initiatives; and the
strengthening of early warning and prevention mechanisms within the United Nations
system;
38. Also requests the High Commissioner to prepare a summary report on the
intersessional meeting and to submit it to the Human Rights Council at its forty-seventh
session;
39. Invites the Special Adviser to the Secretary-General on the Prevention of
Genocide to an interactive dialogue with the Human Rights Council at its forty-seventh
session on the progress made in discharging his or her duties;
40. Decides to continue its consideration of this issue in accordance with its
programme of work.
46th meeting
22 June 2020
[Adopted without a vote.]

43/30. Human rights in the occupied Syrian Golan


The Human Rights Council,
Deeply concerned at the suffering of the Syrian citizens in the occupied Syrian Golan
due to the systematic and continuous violation of their fundamental and human rights by
Israel since the Israeli military occupation of 1967,
Recalling Security Council resolution 497 (1981) of 17 December 1981,
Recalling also all relevant General Assembly resolutions, the most recent being
resolutions 74/14 of 3 December 2019 and 74/90 of 13 December 2019, in which the
Assembly declared that Israel had failed to comply with Security Council resolution 497
(1981) and demanded that it withdraw from all the occupied Syrian Golan,
Recalling further General Assembly resolutions 73/98 of 7 December 2018 and 74/88
of 13 December 2019,


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Reaffirming once more the illegality of the decision by Israel of 14 December 1981 to
impose its laws, jurisdiction and administration on the occupied Syrian Golan, which has
resulted in the effective annexation of that territory,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
in accordance with the Charter of the United Nations and the principles of international law,
Taking note with deep concern of the report of the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of
the Occupied Territories, 66 and in this connection deploring the Israeli settlements in the
occupied Arab territories, and expressing regret at the constant refusal of Israel to cooperate
with and to receive the Special Committee,
Guided by the relevant provisions of the Charter, international law and the Universal
Declaration of Human Rights, and reaffirming the applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War of 12 August 1949 and the
relevant provisions of the Hague Conventions of 1899 and 1907 to the occupied Syrian
Golan,
Reaffirming the importance of the peace process, which started in Madrid on the basis
of Security Council resolutions 242 (1967) of 22 November 1967 and 338 (1973) of October
1973, and the principle of land for peace, and expressing its concern at the halting of the
peace process in the Middle East and its hope that peace talks will be resumed on the basis
of the full implementation of resolutions 242 (1967) and 338 (1973) for the establishment of
a just and comprehensive peace in the region,
Reaffirming also the previous relevant resolutions of the Commission on Human
Rights and the Human Rights Council, the most recent being Council resolutions 37/33 of 23
March 2018 and 40/21 of 22 March 2019,
1. Calls upon Israel, the occupying Power, to comply with the relevant
resolutions of the General Assembly, the Security Council and the Human Rights Council,
in particular Security Council resolution 497 (1981), in which the Council decided, inter alia,
that the decision of Israel to impose its laws, jurisdiction and administration on the occupied
Syrian Golan was null and void and without international legal effect, and demanded that
Israel rescind forthwith its decision;
2. Deplores the plan announced in April 2019 by the Israeli occupation
authorities to expand existing settlement by building 30,000 units and the transfer of 250,000
Israeli settlers, and calls upon Israel, the occupying Power, to stop its settlement activities
and associated infrastructure plans in the occupied Syrian Golan;
3. Calls upon Israel, the occupying Power, to cease changing the physical
character, demographic composition, institutional structure and legal status of the occupied
Syrian Golan, and emphasizes that the displaced persons of the population of the occupied
Syrian Golan must be allowed to return to their homes and to recover their property;
4. Also calls upon Israel to desist from imposing Israeli citizenship and Israeli
identity cards on the Syrian citizens in the occupied Syrian Golan, and to desist from its
repressive measures against them and from all other practices that obstruct the enjoyment of
their fundamental rights and their civil, political, economic, social and cultural rights, some
of which are mentioned in the report of the Special Committee to Investigate Israeli Practices
Affecting the Human Rights of the Palestinian People and Other Arabs of the Occupied
Territories;
5. Further calls upon Israel to allow the Syrian population of the occupied Syrian
Golan to visit their families and relatives in the Syrian motherland through the Quneitra
checkpoint and under the supervision of the International Committee of the Red Cross, and
to rescind its decision to prohibit these visits, as it is in flagrant violation of the Geneva
Convention relative to the Protection of Civilian Persons in Time of War of 12 August 1949
(Fourth Geneva Convention) and the International Covenant on Civil and Political Rights;

66 A/74/356.

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6. Determines that all legislative and administrative measures and actions taken
or to be taken by Israel, the occupying Power, including the Knesset’s decision of 22
November 2010 to hold a referendum before any withdrawal from the occupied Syrian Golan
and East Jerusalem, that seek to alter the character and legal status of the occupied Syrian
Golan are null and void, constitute a flagrant violation of international law and of the Fourth
Geneva Convention, and have no legal effect;
7. Again calls upon States Members of the United Nations not to recognize any
of the above-mentioned legislative or administrative measures;
8. Deplores the practices of the Israeli occupation authorities affecting the human
rights of the Syrian citizens in the occupied Syrian Golan, including the confiscation of
private properties of Syrians by imposing so-called “Israeli documents” on them, expresses
grave concern at the continued illegal exploitation of natural resources, 67 the unlawful mine-
laying practices of the Israeli occupation forces in the occupied Syrian Golan, and also
expresses deep concern at the non-cooperation of Israel with the Office of the United Nations
High Commissioner for Human Rights;
9. Deplores the decision of the Israeli occupation authorities to construct wind
turbines on the private agricultural property of the Syrian population in the occupied Syrian
Golan, which constitutes another violation of international humanitarian law and of relevant
Security Council resolutions, in particular Council resolution 497 (1981), and expresses
concern at their physical and environmental repercussions on the health of the Syrian
population; 68
10. Requests the Secretary-General to bring the present resolution to the attention
of all Governments, the competent United Nations organs, specialized agencies, international
and regional intergovernmental organizations and international humanitarian organizations,
to disseminate it as widely as possible and to report on this matter to the Human Rights
Council at its forty-sixth session;
11. Decides to continue its consideration of the human rights violations in the
occupied Syrian Golan at its forty-sixth session.
46th meeting
22 June 2020
[Adopted by a recorded vote of 26 to 17, with 4 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Bahamas, Bahrain, Bangladesh,
Burkina Faso, Chile, Eritrea, India, Indonesia, Libya, Mauritania, Mexico,
Namibia, Nepal, Nigeria, Pakistan, Peru, Qatar, Senegal, Somalia, Sudan,
Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Austria, Brazil, Bulgaria, Czechia, Denmark, Germany, Italy, Japan,
Marshall Islands, Netherlands, Poland, Republic of Korea, Slovakia, Spain,
Togo, Ukraine
Abstaining:
Cameroon, Democratic Republic of the Congo, Fiji, Philippines]

43/31. Israeli settlements in the Occupied Palestinian Territory,


including East Jerusalem, and in the occupied Syrian Golan

The Human Rights Council,


Guided by the principles of the Charter of the United Nations, and affirming the
inadmissibility of the acquisition of territory by force,

67 See A/HRC/43/67 and A/HRC/43/69.


68 Ibid.


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Reaffirming that all States have an obligation to promote and protect human rights and
fundamental freedoms, as stated in the Charter and elaborated in the Universal Declaration
of Human Rights, the International Covenants on Human Rights and other applicable
instruments,
Recalling relevant resolutions of the Commission on Human Rights, the Human
Rights Council, the Security Council and the General Assembly reaffirming, inter alia, the
illegality of the Israeli settlements in the occupied territories, including in East Jerusalem,
Recalling also Human Rights Council resolution 19/17 of 22 March 2012, in which
the Council decided to establish an independent international fact-finding mission to
investigate the implications of the Israeli settlements on the human rights of the Palestinian
people throughout the Occupied Palestinian Territory, including East Jerusalem,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Reaffirming the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War, of 12 August 1949, to the Occupied Palestinian Territory,
including East Jerusalem, and to the occupied Syrian Golan,
Recalling the declarations adopted at the Conferences of High Contracting Parties to
the Fourth Geneva Convention, held in Geneva on 5 December 2001 and 17 December 2014,
and reaffirming that States should not recognize as lawful a situation arising from breaches
of peremptory norms of international law,
Affirming that the transfer by the occupying Power of parts of its own civilian
population to the territory it occupies constitutes a breach of the Fourth Geneva Convention
and relevant provisions of customary law, including those codified in Additional Protocol I
to the four Geneva Conventions,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice on the legal consequences of the construction of a wall in the Occupied Palestinian
Territory, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,
Deeply concerned that the wall’s route has been traced in such a way to include the
great majority of the Israeli settlements in the Occupied Palestinian Territory, including East
Jerusalem,
Noting that the International Court of Justice concluded, inter alia, that the Israeli
settlements in the Occupied Palestinian Territory, including East Jerusalem, had been
established in breach of international law,
Taking note of the recent relevant reports of the Secretary-General, the Office of the
United Nations High Commissioner for Human Rights, the Special Committee to Investigate
Israeli Practices Affecting the Human Rights of the Palestinian People and Other Arabs of
the Occupied Territories and the treaty bodies monitoring compliance with the human rights
treaties to which Israel is a party, and the recent reports of the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967,
Recalling the report of the independent international fact-finding mission to
investigate the implications of the Israeli settlements on the civil, political, economic, social
and cultural rights of the Palestinian people throughout the Occupied Palestinian Territory,
including East Jerusalem, 69
Expressing its grave concern at any action taken by any body, governmental or non-
governmental, in violation of the Security Council and General Assembly resolutions
relevant to Jerusalem,
Noting that Israel has been planning, implementing, supporting and encouraging the
establishment and expansion of settlements in the Occupied Palestinian Territory, including

69 A/HRC/22/63.

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East Jerusalem, since 1967, through, inter alia, the granting of benefits and incentives to
settlements and settlers,
Recalling the Quartet road map to a permanent two-State solution to the Israeli-
Palestinian conflict, and emphasizing specifically its call for a freeze on all settlement
activity, including so-called natural growth, and the dismantlement of all settlement outposts
erected since March 2001, and the need for Israel to uphold its obligations and commitments
in this regard,
Aware that Israeli settlement activities involve, inter alia, the transfer of nationals of
the occupying Power into the occupied territories, the confiscation of land, the destruction of
property, including humanitarian relief items, homes, community infrastructure and projects
funded by the international community, the forcible displacement of Palestinian civilians or
threat thereof, including Bedouin families, the exploitation of natural resources, the conduct
of economic activity for the benefit of the occupying Power, disruption to the livelihood of
protected persons, the de facto annexation of land and other actions against the Palestinian
civilian population and the civilian population in the occupied Syrian Golan that are contrary
to international law,
Affirming that the Israeli settlement policies and practices in the Occupied Palestinian
Territory, including East Jerusalem, seriously endanger the viability of the two-State
solution, undermining the physical possibility of its realization and entrenching a one-State
reality of unequal rights,
Noting in this regard that the Israeli settlements fragment the West Bank, including
East Jerusalem, into isolated geographical units, severely limiting the possibility of a
contiguous territory and the ability to dispose freely of natural resources, both of which are
required for the meaningful exercise of Palestinian self-determination, and deeply concerned
that the magnitude, persistence and character of the settlement enterprise suggest that the
occupation has been established with the intention of making it permanent, in violation of the
prohibition of acquisition of territory resulting from the use of force,
Noting also that the settlement enterprise and the impunity associated with its
persistence, expansion and related violence continue to be a root cause of many violations of
the Palestinians’ human rights, and constitute the main factors perpetuating Israel’s
belligerent occupation of the Palestinian Territory, including East Jerusalem, since 1967,
Deploring in particular the construction and expansion of settlements by Israel in and
around occupied East Jerusalem, including its so-called E-1 plan, which aims to connect its
illegal settlements around and further isolate occupied East Jerusalem, the continuing
demolition of Palestinian homes and eviction of Palestinian families from the city, the
revocation of Palestinian residency rights in the city, and ongoing settlement activities in the
West Bank, including East Jerusalem, all of which further fragment and undermine the
contiguity of the Occupied Palestinian Territory,
Expressing grave concern at the continuing construction by Israel of the wall inside
the Occupied Palestinian Territory, including in and around East Jerusalem, in violation of
international law, and expressing its concern in particular at the route of the wall in departure
from the Armistice Line of 1949, which is causing humanitarian hardship and a serious
decline in socioeconomic conditions for the Palestinian people, fragmenting the territorial
contiguity of the Territory and undermining its viability, creating a fait accompli on the
ground that could be tantamount to de facto annexation in departure from the Armistice Line
of 1949, and making the two-State solution physically impossible to implement,
Gravely concerned at all acts of violence, destruction, harassment, provocation and
incitement by extremist Israeli settlers and groups of armed settlers in the Occupied
Palestinian Territory, including East Jerusalem, against Palestinian civilians, including
children, and their properties, including homes, agricultural lands and historic and religious
sites, and the acts of terror carried out by several extremist Israeli settlers, which are a long-
standing phenomenon aimed at, inter alia, displacing the occupied population and facilitating
the expansion of settlements,


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Expressing concern at the ongoing impunity for acts of settler violence against
Palestinian civilians and their properties, and stressing the need for Israel to investigate and
to ensure accountability for all of these acts,
Aware of the detrimental impact of the Israeli settlements on Palestinian and other
Arab natural resources, especially as a result of the confiscation of land and the forced
diversion of water resources, including the destruction of orchards and crops and the seizure
of water wells by Israeli settlers, and of the dire socioeconomic consequences in this regard,
which precludes the Palestinian people from being able to exercise permanent sovereignty
over their natural resources,
Noting that the agricultural sector, considered the cornerstone of Palestinian economic
development, has not been able to play its strategic role because of the dispossession of land
and the denial of access for farmers to agricultural areas, water resources and domestic and
external markets owing to the construction, consolidation and expansion of Israeli
settlements,
Aware that numerous Israeli policies and practices related to settlement activity in the
Occupied Palestinian Territory, including East Jerusalem, amount to blatant discrimination,
including through the creation of a system privileging Israeli settlements and settlers, against
the Palestinian people and in violation of their human rights,
Recalling Human Rights Council resolution 22/29 of 22 March 2013, in follow-up to
the report of the independent international fact-finding mission to investigate the implications
of Israeli settlements on the civil, political, economic, social and cultural rights of the
Palestinian people throughout the Occupied Palestinian Territory, including East Jerusalem,
Recalling also the Guiding Principles on Business and Human Rights, which place
responsibilities on all business enterprises to respect human rights by, inter alia, refraining
from contributing to human rights abuses arising from conflict, and call upon States to
provide adequate assistance to business enterprises to assess and address the heightened risks
of abuses in conflict-affected areas, including by ensuring that their current policies,
legislation, regulations and enforcement measures are effective in addressing the risk of
business involvement in gross human rights abuses,
Noting that, in situations of armed conflict, business enterprises should respect the
standards of international humanitarian law, and concerned that some business enterprises
have, directly and indirectly, enabled, facilitated and profited from the construction and
growth of the Israeli settlements in the Occupied Palestinian Territory,
Emphasizing the importance for States to act in accordance with their own national
legislation on promoting compliance with international humanitarian law with regard to
business activities that result in human rights abuses,
Concerned that economic activities facilitate the expansion and entrenchment of
settlements, aware that the conditions of harvesting and production of products made in
settlements involve, inter alia, the exploitation of the natural resources of the Occupied
Palestinian Territory, including East Jerusalem, and calling upon all States to respect their
legal obligations in this regard, including the obligation to ensure respect for the Fourth
Geneva Convention,
Aware that products wholly or partially produced in settlements have been labelled as
originating from Israel, and concerned about the significant role that the production and trade
of such products plays in helping to support and maintain the settlements,
Aware also of the role of private individuals, associations and charities in third States
that are involved in providing funding to Israeli settlements and settlement-based entities,
contributing to the maintenance and expansion of settlements,
Noting that a number of business enterprises have decided to disengage from
relationships or activities associated with the Israeli settlements owing to the risks involved,
Expressing its concern at the failure of Israel, the occupying Power, to cooperate fully
with the relevant United Nations mechanisms, in particular the Special Rapporteur on the
situation of human rights in the Palestinian territories occupied since 1967,

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1. Reaffirms that the Israeli settlements established since 1967 in the Occupied
Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan are illegal
under international law and constitute a major obstacle to the achievement of the two-State
solution and a just, lasting and comprehensive peace, and to economic and social
development;
2. Calls upon Israel to accept the de jure applicability of the Geneva Convention
relative to the Protection of Civilian Persons in Time of War, of 12 August 1949, to the
Occupied Palestinian Territory, including East Jerusalem, and to the occupied Syrian Golan,
to abide scrupulously by the provisions of the Convention, in particular article 49 thereof,
and to comply with all its obligations under international law and to cease immediately all
actions causing the alteration of the character, status and demographic composition of the
Occupied Palestinian Territory, including East Jerusalem, and the occupied Syrian Golan;
3. Demands that Israel, the occupying Power, immediately cease all settlement
activities in all the Occupied Palestinian Territory, including East Jerusalem, and in the
occupied Syrian Golan, and in this regard calls for the full implementation of all relevant
Security Council resolutions, including, inter alia, resolutions 446 (1979) of 22 March 1979,
452 (1979) of 20 July 1979, 465 (1980) of 1 March 1980, 476 (1980) of 30 June 1980, 497
(1981) of 17 December 1981, 1515 (2003) of 19 November 2003 and 2334 (2016) of 23
December 2016;
4. Also demands that Israel, the occupying Power, comply fully with its legal
obligations, as mentioned in the advisory opinion rendered on 9 July 2004 by the
International Court of Justice, including to cease forthwith the works of construction of the
wall being built in the Occupied Palestinian Territory, including in and around East
Jerusalem, to dismantle forthwith the structure therein situated, to repeal or render ineffective
forthwith all legislative and regulatory acts relating thereto, and to make reparation for the
damage caused to all natural or legal persons affected by the construction of the wall;
5. Condemns the continuing settlement and related activities by Israel, including
the construction and expansion of settlements, the expropriation of land, the demolition of
houses, the confiscation and destruction of property, including humanitarian relief
consignments, the forcible transfer of Palestinians, including entire communities, and the
construction of bypass roads, which change the physical character and demographic
composition of the occupied territories, including East Jerusalem and the Syrian Golan,
constitute a violation of international humanitarian law, in particular article 49 of the Fourth
Geneva Convention, and of international human rights law, and undermine the viability of
the two-State solution;
6. Also condemns the declarations made by Israeli officials calling for the
annexation of Palestinian land, and reaffirms the prohibition of acquisition of territory
resulting from the use of force;
7. Expresses its grave concern at and calls for the cessation of:
(a) The operation by Israel of a tramway linking the settlements with West
Jerusalem, which is in clear violation of international law and relevant United Nations
resolutions;
(b) The expropriation of Palestinian land, the demolition of Palestinian homes,
demolition orders, forced evictions and “relocation” plans, the obstruction and destruction of
humanitarian assistance and the creation of a coercive environment and unbearable living
conditions by Israel in areas identified for the expansion and construction of settlements, and
other practices aimed at the forcible transfer of the Palestinian civilian population, including
Bedouin communities and herders, and further settlement activities, including the denial of
access to water and other basic services by Israel to Palestinians in the Occupied Palestinian
Territory, including East Jerusalem, particularly in areas slated for settlement expansion, and
including the appropriation of Palestinian property through, inter alia, the declaration of
“State lands”, closed “military zones”, “national parks” and “archaeological” sites to
facilitate and advance the expansion or construction of settlements and related infrastructure,
in violation of Israel’s obligations under international humanitarian law and international
human rights law;


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(c) Israeli measures in the form of policies, laws and practices that have the effect
of preventing the full participation of Palestinians in the political, social, economic and
cultural life of the Occupied Palestinian Territory, including East Jerusalem, and prevent their
full development in both the West Bank and the Gaza Strip;
8. Calls upon Israel, the occupying Power:
(a) To end without delay its occupation of the territories occupied since 1967,
which may be contrary to international law, to reverse the settlement policy in the occupied
territories, including East Jerusalem and the Syrian Golan, and, as a first step towards the
dismantlement of the settlement enterprise, to stop immediately the expansion of existing
settlements, including so-called natural growth and related activities, to prevent any new
installation of settlers in the occupied territories, including in East Jerusalem, and to discard
its so-called E-1 plan;
(b) To put an end to all of the human rights violations linked to the presence of
settlements, especially of the right to self-determination, and to fulfil its international
obligations to provide effective remedy for victims;
(c) To take immediate measures to prohibit and eradicate all policies and practices
that discriminate against and disproportionately affect the Palestinian population in the
Occupied Palestinian Territory, including East Jerusalem, by, inter alia, putting an end to the
system of separate roads for the exclusive use of Israeli settlers, who reside illegally in the
said territory, the complex combination of movement restrictions consisting of the wall,
roadblocks and a permit regime that only affects the Palestinian population, the application
of a two-tier legal system that has facilitated the establishment and consolidation of the
settlements, and other violations and forms of institutionalized discrimination;
(d) To cease the requisition and all other forms of unlawful appropriation of
Palestinian land, including so-called State land, and its allocation for the establishment and
expansion of settlements, and to halt the granting of benefits and incentives to settlements
and settlers;
(e) To put an end to all practices and policies resulting in the territorial
fragmentation of the Occupied Palestinian Territory, including East Jerusalem, and which are
isolating Palestinian communities into separate enclaves and deliberately changing the
demographic composition of the Occupied Palestinian Territory;
(f) To take and implement serious measures, including the confiscation of arms
and enforcement of criminal sanctions, with the aim of ensuring full accountability for and
preventing all acts of violence by Israeli settlers, and to take other measures to guarantee the
safety and protection of Palestinian civilians and Palestinian properties in the Occupied
Palestinian Territory, including East Jerusalem;
(g) To bring to a halt all actions, including those perpetrated by Israeli settlers,
harming the environment, including the dumping of all kinds of waste materials in the
Occupied Palestinian Territory, including East Jerusalem, and in the occupied Syrian Golan,
which gravely threaten their natural resources, namely water and land resources, and which
pose an environmental, sanitation and health threat to the civilian population;
(h) To cease the exploitation, damage, cause of loss or depletion and
endangerment of the natural resources of the Occupied Palestinian Territory, including East
Jerusalem, and of the occupied Syrian Golan;
9. Welcomes the adoption of the European Union Guidelines on the eligibility of
Israeli entities and their activities in the territories occupied by Israel since June 1967 for
grants, prizes and financial instruments funded by the European Union since 2014;
10. Urges all States and international organizations to ensure that they are not
taking actions that either recognize, aid or assist the expansion of settlements or the
construction of the wall in the Occupied Palestinian Territory, including East Jerusalem, and
to continue to actively pursue policies that ensure respect for their obligations under
international law with regard to these and all other illegal Israeli practices and measures in
the Occupied Palestinian Territory, including East Jerusalem;

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11. Reminds all States of their legal obligations as mentioned in the advisory
opinion of the International Court of Justice of 9 July 2004 on the legal consequences of the
construction of a wall in the Occupied Palestinian Territory, including not to recognize the
illegal situation resulting from the construction of the wall, not to render aid or assistance in
maintaining the situation created by such construction, and to ensure compliance by Israel
with international humanitarian law as embodied in the Fourth Geneva Convention;
12. Calls upon all States:
(a) To distinguish, in their relevant dealings, between the territory of the State of
Israel and the territories occupied since 1967, including not to provide Israel with any
assistance to be used specifically in connection with settlements in these territories with
regard to, inter alia, the issue of trade with settlements, consistent with their obligations under
international law;
(b) To implement the Guiding Principles on Business and Human Rights in
relation to the Occupied Palestinian Territory, including East Jerusalem, and to take
appropriate measures to help to ensure that businesses domiciled in their territory and/or
under their jurisdiction, including those owned or controlled by them, refrain from
committing, contributing to, enabling or benefiting from the human rights abuses of
Palestinians, in accordance with the expected standard of conduct in the Guiding Principles
and relevant international laws and standards, by taking appropriate steps in view of the
immitigable nature of the adverse impact of their activities on human rights;
(c) To provide guidance to individuals and businesses on the financial,
reputational and legal risks, including the possibility of liability for corporate involvement in
gross human rights abuses and the abuses of the rights of individuals, of becoming involved
in settlement-related activities, including through financial transactions, investments,
purchases, procurements, loans, the provision of services, and other economic and financial
activities in or benefiting Israeli settlements, to inform businesses of these risks in the
formulation of their national action plans for the implementation of the Guiding Principles
on Business and Human Rights, and to ensure that their policies, legislation, regulations and
enforcement measures effectively address the heightened risks of operating a business in the
Occupied Palestinian Territory, including East Jerusalem;
(d) To increase monitoring of settler violence with a view to promoting
accountability;
13. Calls upon business enterprises to take all measures necessary to comply with
their responsibilities under the Guiding Principles on Business and Human Rights and
relevant international laws and standards with respect to their activities in or in relation to the
Israeli settlements and the wall in the Occupied Palestinian Territory, including East
Jerusalem, to avoid the adverse impact of such activities on human rights, and to avoid
contributing to the establishment, maintenance, development or consolidation of Israeli
settlements or the exploitation of the natural resources of the Occupied Palestinian Territory;
14. Requests that all parties concerned, including United Nations bodies,
implement and ensure the implementation of the recommendations contained in the report of
the independent international fact-finding mission to investigate the implications of Israeli
settlements on the civil, political, economic, social and cultural rights of the Palestinian
people throughout the Occupied Palestinian Territory, including East Jerusalem, and
endorsed by the Human Rights Council through its resolution 22/29, in accordance with their
respective mandates;
15. Calls upon the relevant United Nations bodies to take all necessary measures
and actions within their mandates to ensure full respect for and compliance with Human
Rights Council resolution 17/4 of 16 June 2011, on the Guiding Principles on Business and
Human Rights and other relevant international laws and standards, and to ensure the
implementation of the United Nations “Protect, Respect and Remedy” Framework, which
provides a global standard for upholding human rights in relation to business activities that
are connected with Israeli settlements in the Occupied Palestinian Territory, including East
Jerusalem;


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16. Requests the United Nations High Commissioner for Human Rights to prepare
a report on the consequences of the intensification of settlement activity and other steps taken
towards formal annexation in the Occupied Palestinian Territory, particularly in and around
East Jerusalem and the so-called E-1 area, for the contiguity of the Palestinian Territory and
their implications for the civil, political, economic, social and cultural rights of the Palestinian
people, and to present the report to the Human Rights Council at its forty-sixth session;
17. Decides to remain seized of the matter.
46th meeting
22 June 2020
[Adopted by a recorded vote of 36 to 2, with 9 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Bahamas, Bahrain, Bangladesh,
Burkina Faso, Chile, Denmark, Eritrea, Fiji, Germany, India, Indonesia, Italy,
Japan, Libya, Mauritania, Mexico, Namibia, Nepal, Netherlands, Nigeria,
Pakistan, Peru, Philippines, Poland, Qatar, Republic of Korea, Senegal,
Somalia, Spain, Sudan, Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Marshall Islands
Abstaining:
Austria, Brazil, Bulgaria, Cameroon, Czechia, Democratic Republic of the
Congo, Slovakia, Togo, Ukraine]

43/32. Human rights situation in the Occupied Palestinian


Territory, including East Jerusalem

The Human Rights Council,


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 all relevant conventions, and affirming that these human rights instruments,
among others, are applicable to and must be respected in the Occupied Palestinian Territory,
including East Jerusalem,
Recalling also relevant resolutions of the Human Rights Council,
Taking note of the recent report of the Special Rapporteur on the situation of human
rights in the Palestinian territories occupied since 1967, 70 and other relevant recent reports of
the Human Rights Council,
Stressing the urgent need for efforts to reverse the negative trends on the ground and
to restore a political horizon for advancing and accelerating meaningful negotiations aimed
at the achievement of a peace agreement that will bring a complete end to the Israeli
occupation that began in 1967 and the resolution of all core final status issues, without
exception, leading to a peaceful, just, lasting and comprehensive solution of the question of
Palestine, on the basis of international law,
Noting the accession by the State of Palestine to several human rights treaties and the
core humanitarian law conventions, and its accession on 2 January 2015 to the Rome Statute
of the International Criminal Court,
Recalling the advisory opinion rendered on 9 July 2004 by the International Court of
Justice, and recalling also General Assembly resolutions ES-10/15 of 20 July 2004 and ES-
10/17 of 15 December 2006,

70 A/74/507.

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Noting in particular the Court’s reply, including that the construction of the wall being
built by Israel, the occupying Power, in the Occupied Palestinian Territory, including in and
around East Jerusalem, and its associated regime are contrary to international law,
Reaffirming the principle of the inadmissibility of the acquisition of territory by force,
and deeply concerned at the fragmentation of the Occupied Palestinian Territory, including
East Jerusalem, through the construction of settlements, settler roads, the wall and other
measures that are tantamount to de facto annexation of Palestinian land,
Emphasizing the applicability of the Geneva Convention relative to the Protection of
Civilian Persons in Time of War of 12 August 1949 (Fourth Geneva Convention), to the
Occupied Palestinian Territory, including East Jerusalem, and reaffirming the obligation of
the States parties to the Convention under articles 146, 147 and 148 with regard to penal
sanctions, grave breaches and responsibilities of the High Contracting Parties and to ensure
respect for international humanitarian law,
Stressing the importance of accountability in preventing future conflicts and ensuring
that there is no impunity for violations and abuses, thereby contributing to peace efforts and
avoiding the recurrence of violations of international law, including international
humanitarian law and international human rights law,
Expressing grave concern at the continuing violations of international humanitarian
law and the systematic violation of the human rights of the Palestinian people by Israel, the
occupying Power, including that arising from the excessive use of force and military
operations causing death and injury to Palestinian civilians, including children and women,
and to non-violent, peaceful demonstrators and to journalists, including through the use of
live ammunition; the arbitrary detention of Palestinians, some of whom have been detained
for decades; the use of collective punishment; the closure of areas; the confiscation of land;
the establishment and expansion of settlements; the construction of a wall in the Occupied
Palestinian Territory in departure from the Armistice Line of 1949; the forcible displacement
of civilians, including of Bedouin communities; the policies and practices that discriminate
against and disproportionately affect the Palestinian population in the Occupied Palestinian
Territory, including East Jerusalem; the discriminatory allocation of water resources between
Israeli settlers, who reside illegally in the Occupied Palestinian Territory, and the Palestinian
population of the said Territory; the violation of the basic right to adequate housing, which
is a component of the right to an adequate standard of living; the revocation of residency
permits from Palestinians of East Jerusalem and their eviction from their city; the destruction
of property and infrastructure, inter alia, homes of Palestinians; the hampering of
humanitarian assistance and the destruction of, inter alia, structures provided as humanitarian
aid, contributing to a coercive environment that leads to the forcible transfer of Palestinian
civilians in the Occupied Palestinian Territory, including when carried out as an act of
collective punishment in violation of international humanitarian law; incidents of harassment
of and attacks on schoolchildren and attacks on educational facilities by Israeli settlers and
as a result of Israeli military action; and all other actions designed to change the legal status,
geographical nature and demographic composition of the Occupied Palestinian Territory,
including East Jerusalem,
Deploring all conflicts in and around the Gaza Strip and the civilian casualties caused,
including the killing and injury of thousands of Palestinian civilians, including children,
women and elderly persons, the widespread destruction of thousands of homes and of civilian
infrastructure, including schools, hospitals, water sanitation and electricity networks,
economic, industrial and agricultural properties, public institutions, religious sites and United
Nations schools and facilities, the internal displacement of hundreds of thousands of civilians,
and all violations of international law, including humanitarian and human rights law, in this
regard,
Gravely concerned in particular about the disastrous humanitarian situation and the
critical socioeconomic and security situations in the Gaza Strip, including that resulting from
the prolonged continuous closures and severe economic and movement restrictions that in
effect amount to a blockade, and from the continuing and vastly negative repercussions of
previous Israeli military operations, and about the firing of rockets into Israel,


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Expressing deep concern at the detrimental impact of continued impediments to the


reconstruction process on the human rights situation and on the socioeconomic and
humanitarian conditions of the Palestinian civilian population, and calling upon the
international community to step up its efforts to provide the Gaza Strip with the assistance
that it requires,
Stressing the need for all parties, in conformity with the relevant provisions of
international humanitarian law, to cooperate fully with the United Nations and other
humanitarian agencies and organizations and to ensure the rapid and unhindered access of
humanitarian personnel, and the delivery of supplies and equipment, in order to allow such
personnel to perform efficiently their task of assisting affected civilian populations, including
refugees and internally displaced persons,
Stressing also the need to end immediately the closure of the Gaza Strip and for the
full implementation of the Agreement on Movement and Access and the Agreed Principles
for the Rafah Crossing, both of 15 November 2005, to allow for the freedom of movement
of the Palestinian civilian population within and into and out of the Gaza Strip, while taking
into account Israeli security concerns,
Expressing deep concern at the Israeli policy of closures and the imposition of severe
restrictions and checkpoints, several of which have been transformed into structures akin to
permanent border crossings, other physical obstacles and a permit regime, which are applied
in a discriminatory manner affecting the Palestinian population only and all of which obstruct
the freedom of movement of persons and goods, including medical and humanitarian goods,
throughout the Occupied Palestinian Territory, including East Jerusalem, and impair the
Territory’s contiguity, violating the human rights of the Palestinian people,
Convinced that the Israeli occupation has gravely impeded the efforts made to achieve
sustainable development and a sound economic environment in the Occupied Palestinian
Territory, including East Jerusalem, and expressing grave concern at the consequent
deterioration of economic and living conditions,
Deploring all policies and practices whereby Israeli settlers, who reside illegally in
the Occupied Palestinian Territory, including East Jerusalem, are accorded preferential
treatment over the Palestinian population in terms of access to roads, infrastructure, land,
property, housing, natural resources and judicial mechanisms, resulting in widespread human
rights violations of Palestinians,
Expressing deep concern that thousands of Palestinians, including many children and
women, and elected members of the Palestinian Legislative Council continue to be detained
and held in Israeli prisons or detention centres under harsh conditions, including unhygienic
conditions, solitary confinement, lack of proper medical care, denial of family visits and
denial of due process, that impair their well-being, and expressing deep concern also at the
ill-treatment and harassment of Palestinian prisoners and all reports of torture,
Recalling the United Nations Standard Minimum Rules for the Treatment of Prisoners
(the Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women
Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules), and
calling for respect for those rules,
Recalling also the prohibition under international humanitarian law of transfers and
deportations of civilians from or to occupied territories,
Deploring the practice of withholding the bodies of those killed, and calling for the
release of the bodies that have not yet been returned to their relatives, in accordance with
international humanitarian law and human rights law,
Stressing the need for the protection of human rights defenders engaged in the
promotion of human rights issues in the Occupied Palestinian Territory, including East
Jerusalem, to allow them to carry out their work freely and without fear of attack, harassment,
arbitrary detention or criminal prosecution,
Convinced of the need for an international presence to monitor the situation, to
contribute to ending the violence and protecting the Palestinian civilian population and to
help the parties to implement the agreements reached, and in this regard recalling the positive

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contribution of the Temporary International Presence in Hebron, and regretting the unilateral
decision by Israel not to renew its mandate, thereby dispensing with one of the few
established mechanisms for conflict resolution between Israelis and Palestinians, which may
therefore have a negative impact on the situation,
Emphasizing the right of all people in the region to the enjoyment of human rights as
enshrined in the international human rights covenants,
1. Demands that Israel, the occupying Power, withdraw from the Palestinian
territory occupied since 1967, including East Jerusalem, so as to enable the Palestinian people
to exercise its universally recognized right to self-determination;
2. Reiterates that all measures and actions taken by Israel, the occupying Power,
in the Occupied Palestinian Territory, including East Jerusalem, in violation of the relevant
provisions of the Geneva Convention relative to the Protection of Civilian Persons in Time
of War of 12 August 1949 (Fourth Geneva Convention), and contrary to the relevant
resolutions of the Security Council are illegal and have no validity;
3. Demands that Israel, the occupying Power, comply fully with the provisions
of the Fourth Geneva Convention and cease immediately all measures and actions taken in
violation and in breach of the Convention;
4. Also demands that Israel, the occupying Power, cease all practices and actions
that violate the human rights of the Palestinian people, and that it fully respect human rights
law and comply with its legal obligations in this regard, including in accordance with relevant
United Nations resolutions;
5. Calls for urgent measures to ensure the safety and protection of the Palestinian
civilian population in the Occupied Palestinian Territory, including East Jerusalem, in
accordance with the relevant provisions of international humanitarian law and as called for
by the Security Council in its resolution 904 (1994) of 18 March 1994;
6. Deplores the persistent non-cooperation of Israel with special procedure
mandate holders and other United Nations mechanisms, and calls for full cooperation by
Israel with the Human Rights Council and all its special procedures, relevant mechanisms
and inquiries, and with the Office of the United Nations High Commissioner for Human
Rights;
7. Demands that Israel, the occupying Power, cease all of its settlement activities,
the construction of the wall and any other measures aimed at altering the character, status and
demographic composition of the Occupied Palestinian Territory, including in and around
East Jerusalem, all of which have, inter alia, a grave and detrimental impact on the human
rights of the Palestinian people and the prospect of a peaceful settlement;
8. Also demands that Israel, the occupying Power, comply with its legal
obligations under international law, as mentioned in the advisory opinion rendered on 9 July
2004 by the International Court of Justice and demanded by the General Assembly in its
resolutions ES-10/15 and ES-10/13, and that it immediately cease the construction of the wall
in the Occupied Palestinian Territory, including in and around East Jerusalem, dismantle
forthwith the structure situated therein, repeal or render ineffective all legislative and
regulatory acts relating thereto, and make reparation for all damage caused by the
construction of the wall, which has had a grave impact on the human rights and the
socioeconomic living conditions of the Palestinian people;
9. Calls upon Israel to immediately cease any demolitions or plans for
demolitions that would result in the forcible transfer or forced eviction of Palestinians,
particularly in the vulnerable areas of the Jordan Valley, the periphery of Jerusalem and the
South Hebron Hills, to facilitate the return of those Palestinian communities already
subjected to forcible transfer or eviction to their original dwellings, and to ensure adequate
housing and legal security of tenure;
10. Deplores the illegal Israeli actions in occupied East Jerusalem, including the
construction of settlements in various areas; the demolition of residential structures, the
forced eviction of Palestinian inhabitants and the application of the policy of punitive home
demolitions; the ongoing policy of revoking the residency permits of Palestinians living in


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East Jerusalem through various discriminatory laws; the excavations in and around religious
and historic sites; and all other unilateral measures aimed at altering the character, status and
demographic composition of the city and of the territory as a whole, including those
stemming from attempts aimed at illegally changing the status quo of holy sites;
11. Expresses grave concern at the restrictions imposed by Israel that impede the
access of Christian and Muslim worshippers to holy sites in the Occupied Palestinian
Territory, including East Jerusalem, and calls upon Israel to include guarantees for non-
discrimination on grounds of religion or belief as well as for the preservation of and peaceful
access to all religious sites;
12. Urges Israel to ensure that water resource allocation in the Occupied
Palestinian Territory is not discriminatory and does not result in water shortages
disproportionately affecting the Palestinian population of the West Bank, and to take urgent
steps to facilitate the restoration of the water infrastructure of the West Bank, including in
the Jordan Valley, affected by the destruction of the wells of local civilians, roof water tanks
and other water and irrigation facilities under military and settler operation since 1967;
13. Expresses concern about the so-called “Basic Law: Israel as the Nation-State
of the Jewish People”, adopted by the Knesset, currently under judicial review, which has
raised further concerns regarding compliance with international law, including the law of
occupation, insofar as it applies to the Occupied Palestinian Territory, including East
Jerusalem;
14. Also expresses concern at the Citizenship and Entry into Israel Law adopted
by the Knesset, which suspends the possibility, with certain rare exceptions, of family
reunification between Israeli citizens and persons residing in the Occupied Palestinian
Territory, including East Jerusalem, thus adversely affecting the lives of many families;
15. Reiterates the need for respect for the territorial unity, contiguity and integrity
of all of the Occupied Palestinian Territory and for guarantees of the freedom of movement
of persons and goods within the Palestinian territory, including movement into and from East
Jerusalem, into and from the Gaza Strip, between the West Bank and the Gaza Strip, and to
and from the outside world;
16. Demands that Israel, the occupying Power, cease immediately its imposition
of prolonged closures and economic and movement restrictions, including those amounting
to a blockade on the Gaza Strip, which severely restricts the freedom of movement of
Palestinians within, into and out of Gaza and their access to basic utilities, housing, education,
work, health and an adequate standard of living via various measures, including import and
export restrictions, that have a direct impact on livelihoods, economic sustainability and
development throughout Gaza, aggravating the state of de-development in Gaza, and in this
regard calls upon Israel to implement fully the Agreement on Movement and Access and the
Agreed Principles for the Rafah Crossing in order to allow for the sustained and regular
movement of persons and goods and for the acceleration of long overdue reconstruction in
the Gaza Strip;
17. Condemns all acts of violence, including all acts of terror, provocation,
incitement and destruction, especially the excessive use of force by the Israeli occupying
forces against Palestinian civilians, particularly in the Gaza Strip, where the bombardment of
populated areas has caused extensive loss of life and a vast number of injuries, including
among thousands of children and women, massive damage and destruction to homes,
economic, industrial and agricultural properties, vital infrastructure, including water,
sanitation and electricity networks, religious sites and public institutions, including hospitals
and schools, United Nations facilities, and agricultural lands, the large-scale internal
displacement of civilians, and the excessive use of force by the Israeli occupying forces
against Palestinian civilians in the context of protests in the West Bank and in the Gaza Strip;
18. Also condemns the firing of rockets against Israeli civilian areas resulting in
loss of life and injury, while encouraging an end to all actions contrary to international law;
19. Reiterates the responsibility of Israel, the occupying Power, to respect the right
to health of all persons within the Occupied Palestinian Territory and to facilitate the
immediate, sustained and unfettered passage of humanitarian relief, including the access of

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medical personnel, their equipment, transport and supplies to all areas under occupation,
including the Gaza Strip, and the granting of exit permits for patients in need of medical
treatment outside the Gaza Strip, and stresses the need for the unhindered passage of
ambulances at checkpoints, especially in times of conflict;
20. Urges Member States to continue to provide emergency assistance to the
Palestinian people to alleviate the financial crisis and the dire socioeconomic and
humanitarian situation, particularly in the Gaza Strip;
21. Calls upon Israel to end all harassment, threats, intimidation and reprisals
against human rights defenders and civil society actors who peacefully advocate for the rights
of Palestinians in the Occupied Palestinian Territory, including by cooperating with United
Nations human rights bodies, and underscores the need to investigate all such acts, to ensure
accountability and effective remedies, and to take steps to prevent any further such threats,
attacks, reprisals or acts of intimidation;
22. Expresses deep concern at the conditions of the Palestinian prisoners and
detainees, including minors, in Israeli jails and detention centres, calls upon Israel to
explicitly prohibit torture, including psychological torture and other cruel, inhuman or
degrading treatment or punishment, demands that Israel, the occupying Power, fully respect
and abide by its international law obligations towards all Palestinian prisoners and detainees
in its custody, expresses its concern at the continued extensive use of administrative
detention, calls for the full implementation of the agreement reached in May 2012 for a
prompt and independent investigation into all cases of death in custody, and calls upon Israel
to immediately release all Palestinian prisoners, including Palestinian legislators, detained in
violation of international law;
23. Calls for urgent attention to be paid to the plight and the rights, in accordance
with international law, of Palestinian prisoners and detainees in Israeli jails, and also calls for
respect for the United Nations Standard Minimum Rules for the Treatment of Prisoners (the
Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners
and Non-custodial Measures for Women Offenders (the Bangkok Rules);
24. Demands that Israel cease its policy of transferring prisoners from the
Occupied Palestinian Territory into the territory of Israel, and respect fully its obligations
under article 76 of the Fourth Geneva Convention;
25. Urges Israel to ensure that any arrest, detention and/or trial of Palestinian
children is in line with the Convention on the Rights of the Child, including by refraining
from holding criminal proceedings against them in military courts that, by definition, fall
short of providing the necessary guarantees to ensure respect for their rights and that infringe
upon their right to non-discrimination;
26. Emphasizes the need to preserve and develop Palestinian institutions and
infrastructure for the provision of vital public services to the Palestinian civilian population
and the promotion of human rights, including civil, political, economic, social and cultural
rights;
27. Urges all States and the specialized agencies and organizations of the United
Nations system to continue to support and assist the Palestinian people in the early realization
of their inalienable human rights, including their right to self-determination, as a matter of
urgency, in the light of the onset of the fiftieth year of the Israeli occupation and the continued
denial and violation of the human rights of the Palestinian people;
28. Requests the United Nations High Commissioner for Human Rights to prepare
a report on the allocation of water resources in the Occupied Palestinian Territory, including
East Jerusalem, and to recommend measures to ensure the implementation of equitable access
to safe drinking water in the Occupied Palestinian Territory, including East Jerusalem, in
accordance with international law, and to present the report to the Human Rights Council at
its forty-eighth session;
29. Decides to remain seized of the matter.
46th meeting
22 June 2020


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[Adopted by a recorded vote of 42 to 2, with 3 abstentions. The voting was as follows:


In favour:
Afghanistan, Angola, Argentina, Armenia, Austria, Bahamas, Bahrain,
Bangladesh, Brazil, Bulgaria, Burkina Faso, Chile, Czechia, Denmark, Eritrea,
Fiji, Germany, India, Indonesia, Italy, Japan, Libya, Mauritania, Mexico,
Namibia, Nepal, Netherlands, Nigeria, Pakistan, Peru, Philippines, Poland,
Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Spain, Sudan, Ukraine,
Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Marshall Islands
Abstaining:
Cameroon, Democratic Republic of the Congo, Togo]

43/33. Right of the Palestinian people to self-determination


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, in
particular the provisions of Articles 1 and 55 thereof, which affirm the right of peoples to
self-determination, reaffirming the need for the scrupulous respect of the principle of
refraining in international relations from the threat or use of force, as specified in the
Declaration on Principles of International Law concerning Friendly Relations and
Cooperation among States in accordance with the Charter of the United Nations, adopted by
the General Assembly in its resolution 2625 (XXV) of 24 October 1970, and affirming the
inadmissibility of acquisition of territory resulting from the threat or use of force,
Guided also by the provisions of article 1 of the International Covenant on Economic,
Social and Cultural Rights and article 1 of the International Covenant on Civil and Political
Rights, which affirm that all peoples have the right to self-determination,
Guided further by the International Covenants on Human Rights, the Universal
Declaration of Human Rights and the Declaration on the Granting of Independence to
Colonial Countries and Peoples, in particular article 1 thereof, and by the provisions of the
Vienna Declaration and Programme of Action, adopted on 25 June 1993 by the World
Conference on Human Rights, and in particular Part I, paragraphs 2 and 3, relating to the
right of self-determination of all peoples and especially those subject to foreign occupation,
Recalling General Assembly resolutions 181 A and B (II) of 29 November 1947 and
194 (III) of 11 December 1948, and all other relevant United Nations resolutions, including
those adopted by the Assembly, the Commission on Human Rights and the Human Rights
Council, that confirm and define the inalienable rights of the Palestinian people, particularly
their right to self-determination,
Recalling also Security Council resolutions 242 (1967) of 22 November 1967, 338
(1973) of 22 October 1973, 1397 (2002) of 12 March 2002 and 1402 (2002) of 30 March
2002,
Recalling further General Assembly resolution 67/19 of 29 November 2012,
Reaffirming the right of the Palestinian people to self-determination in accordance
with the provisions of the Charter, relevant United Nations resolutions and declarations, and
the provisions of international covenants and instruments relating to the right to self-
determination as an international principle and as a right of all peoples in the world, and
emphasizing that this jus cogens norm of international law is a basic prerequisite for
achieving a just, lasting and comprehensive peace in the Middle East,
Deploring the plight of millions of Palestine refugees and displaced persons who have
been uprooted from their homes, and expressing deep regret about the fact that more than
half of the Palestinian people continue to live in exile in refugee camps throughout the region
and in the diaspora,

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Affirming the applicability of the principle of permanent sovereignty over natural


resources to the Palestinian situation as an integral component of the right to self-
determination,
Recalling the conclusion of the International Court of Justice, in its advisory opinion
of 9 July 2004, that the right to self-determination of the Palestinian people, which is a right
erga omnes, is severely impeded by Israel, the occupying Power, through the construction of
the wall in the Occupied Palestinian Territory, including East Jerusalem, which, together with
the Israeli settlement enterprise and measures previously taken, results in serious violations
of international humanitarian and human rights law, including the forcible transfer of
Palestinians and Israeli acquisition of Palestinian land,
Considering that the right to self-determination of the Palestinian people is being
violated further by Israel through the existence and ongoing expansion of settlements in the
Occupied Palestinian Territory, including East Jerusalem,
Noting that the failure to bring the occupation to an end after 50 years heightens the
international responsibility to uphold the human rights of the Palestinian people, and
expressing its deep regret that the question of Palestine remains unresolved 70 years since
the resolution on partition,
Reaffirming that the United Nations will continue to be engaged on the question of
Palestine until the question is resolved in all its aspects in accordance with international law,
1. Reaffirms the inalienable, permanent and unqualified right of the Palestinian
people to self-determination, including their right to live in freedom, justice and dignity and
the right to their independent State of Palestine;
2. Also reaffirms the need to achieve a just, comprehensive and lasting peaceful
solution to the Israeli-Palestinian conflict, in conformity with international law and other
internationally agreed parameters, including all relevant United Nations resolutions;
3. Calls upon Israel, the occupying Power, to immediately end its occupation of
the Occupied Palestinian Territory, including East Jerusalem, and further reaffirms its
support for the solution of two States, Palestine and Israel, living side by side in peace and
security;
4. Expresses grave concern at any action taken in contravention of the General
Assembly and Security Council resolutions relevant to Jerusalem;
5. Also expresses grave concern at the fragmentation and the changes in the
demographic composition of the Occupied Palestinian Territory, including East Jerusalem,
which are resulting from Israel’s continuing construction and expansion of settlements,
forcible transfer of Palestinians and construction of the wall, stresses that this fragmentation,
which undermines the possibility of the Palestinian people realizing their right to self-
determination, is incompatible with the purposes and principles of the Charter of the United
Nations, and emphasizes in this regard the need for respect for and preservation of the
territorial unity, contiguity and integrity of all of the Occupied Palestinian Territory,
including East Jerusalem;
6. Confirms that the right of the Palestinian people to permanent sovereignty over
their natural wealth and resources must be used in the interest of their national development,
the well-being of the Palestinian people and as part of the realization of their right to self-
determination;
7. Calls upon all States to ensure their obligations of non-recognition, non-aid or
assistance with regard to the serious breaches of peremptory norms of international law by
Israel, in particular of the prohibition of the acquisition of territory by force, in order to ensure
the exercise of the right to self-determination, and also calls upon them to cooperate further
to bring, through lawful means, an end to these serious breaches and a reversal of Israel’s
illegal policies and practices;
8. Urges all States to adopt measures as required to promote the realization of the
right to self-determination of the Palestinian people, and to render assistance to the United


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Nations in carrying out the responsibilities entrusted to it by the Charter regarding the
implementation of this right;
9. Decides to remain seized of the matter.
46th meeting
22 June 2020
[Adopted by a recorded vote of 43 to 2, with 2 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Austria, Bahamas, Bahrain,
Bangladesh, Brazil, Bulgaria, Burkina Faso, Chile, Czechia, Denmark, Eritrea,
Fiji, Germany, India, Indonesia, Italy, Japan, Libya, Mauritania, Mexico,
Namibia, Nepal, Netherlands, Nigeria, Pakistan, Peru, Philippines, Poland,
Qatar, Republic of Korea, Senegal, Slovakia, Somalia, Spain, Sudan, Togo,
Ukraine, Uruguay, Venezuela (Bolivarian Republic of)
Against:
Australia, Marshall Islands
Abstaining:
Cameroon, Democratic Republic of the Congo]

43/34. Combating intolerance, negative stereotyping and


stigmatization of, and discrimination, incitement to violence
and violence against, persons based on religion or belief
The Human Rights Council,
Reaffirming the commitment made by all States under the Charter of the United
Nations to promote and encourage universal respect for and observance of all human rights
and fundamental freedoms without distinction as to, inter alia, religion or belief,
Reaffirming also Human Rights Council resolutions 16/18 of 24 March 2011, 19/25
of 23 March 2012, 22/31 of 22 March 2013, 25/34 of 28 March 2014, 28/29 of 27 March
2015, 31/26 of 24 March 2016, 34/32 of 24 March 2017, 37/38 of 23 March 2018 and 40/25
of 22 March 2019, and General Assembly resolutions 66/167 of 19 December 2011, 67/178
of 20 December 2012, 68/169 of 18 December 2013, 69/174 of 18 December 2014, 70/157
of 17 December 2015, 71/195 of 19 December 2016, 72/196 of 19 December 2017, 73/164
of 17 December 2018 and 74/163 of 18 December 2019,
Reaffirming further the obligation of States to prohibit discrimination on the basis of
religion or belief and to implement measures to guarantee the equal and effective protection
of the law,
Reaffirming that the International Covenant on Civil and Political Rights provides,
inter alia, that everyone shall have the right to freedom of thought, conscience and religion
or belief, which shall include freedom to have or to adopt a religion or belief of his or her
choice and freedom, either individually or in community with others and in public or private,
to manifest his or her religion or belief in worship, observance, practice and teaching,
Reaffirming also the positive role that the exercise of the right to freedom of opinion
and expression and full respect for the freedom to seek, receive and impart information can
play in strengthening democracy and combating religious intolerance, and also that the
exercise of the right to freedom of expression carries with it special duties and
responsibilities, in accordance with article 19 of the International Covenant on Civil and
Political Rights,
Expressing deep concern at those acts that advocate religious hatred and thereby
undermine the spirit of tolerance,
Reaffirming that terrorism, in all its forms and manifestations, cannot and should not
be associated with any religion, nationality, civilization or ethnic group,

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Reaffirming also that violence can never be an acceptable response to acts of


intolerance on the basis of religion or belief,
Reaffirming further the positive role that the exercise of the right to freedom of
opinion and expression and the full respect for the freedom to seek, receive and impart
information can play in strengthening democracy and combating religious intolerance,
Reaffirming the positive role of human rights education and training in promoting
tolerance, non-discrimination and equality,
Deeply concerned about incidents of intolerance, discrimination and violence against
persons on the basis of their religion or belief in all regions of the world,
Deploring any advocacy of discrimination or violence based on religion or belief,
Strongly deploring all acts of violence against persons on the basis of their religion or
belief, and any such acts directed against their homes, businesses, properties, schools, cultural
centres or places of worship,
Concerned about actions that wilfully exploit tensions or target individuals on the
basis of their religion or belief,
Noting with deep concern the instances of intolerance, discrimination and acts of
violence in many parts of the world, including cases motivated by discrimination against
persons belonging to religious minorities, in addition to the negative projection of the
followers of religions and the enforcement of measures that specifically discriminate against
persons on the basis of religion or belief,
Expressing concern at the growing manifestation of intolerance based on religion or
belief that can generate hatred and violence among individuals from and within different
nations that may have serious implications at the national, regional and international levels,
and in this regard emphasizing the importance of respect for religious and cultural diversity
and interfaith and intercultural dialogue aimed at promoting a culture of tolerance and respect
among individuals, societies and nations,
Recognizing the valuable contribution of people of all religions or beliefs to humanity
and the contribution that dialogue among religious groups can make towards an improved
awareness and understanding of the common values shared by all humankind,
Recognizing also that working together to enhance the implementation of existing
legal regimes that protect individuals against discrimination and hate crimes, increase
interfaith and intercultural efforts and expand human rights education are an important first
step in combating incidents of intolerance, discrimination and violence against individuals
on the basis of religion or belief,
Recalling General Assembly resolution 68/127 on a world against violence and
violent extremism, adopted by the Assembly by consensus on 18 December 2013, and
welcoming the leading role of the United Nations Educational, Scientific and Cultural
Organization in promoting intercultural dialogue, the work of the United Nations Alliance of
Civilizations and the Anna Lindh Euro-Mediterranean Foundation for Dialogue between
Cultures, the work of the King Abdullah Bin Abdulaziz International Centre for Interreligious
and Intercultural dialogue in Vienna, and Assembly resolution 65/5 of 20 October 2010 on
World Interfaith Harmony Week, proposed by King Abdullah II of Jordan,
Welcoming in this regard all international, regional and national initiatives aimed at
promoting interreligious, intercultural and interfaith harmony and combating discrimination
against individuals on the basis of religion or belief, including the launching of the Istanbul
Process for Combating Intolerance, Discrimination and Incitement to Hatred and/or Violence
on the Basis of Religion or Belief, and recalling the initiative of the chairmanship of Albania
of the Committee of Ministers of the Council of Europe under the theme “United in diversity”
and the initiative of the Office of the United Nations High Commissioner for Human Rights
on the prohibition of advocacy of national, racial or religious hatred that constitutes
incitement to discrimination, hostility or violence,
1. Expresses deep concern at the continued serious instances of derogatory
stereotyping, negative profiling and stigmatization of persons on the basis of their religion or


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belief, and programmes and agendas pursued by extremist organizations and groups aimed
at creating and perpetuating negative stereotypes about religious groups, in particular when
condoned by Governments;
2. Expresses its concern that incidents of religious intolerance, discrimination
and related violence and of negative stereotyping of individuals on the basis of religion or
belief continue to rise around the world, condemns in this context any advocacy of religious
hatred against individuals that constitutes incitement to discrimination, hostility or violence,
and urges States to take effective measures, as set forth in the present resolution, consistent
with their obligations under international human rights law, to address and combat such
incidents;
3. Condemns deeply any advocacy of religious hatred that constitutes incitement
to discrimination, hostility or violence, whether it involves the use of print, audiovisual or
electronic media or any other means;
4. Welcomes international, regional and national initiatives aimed at promoting
interreligious, intercultural and interfaith harmony and combating discrimination against
individuals on the basis of religion or belief, in particular the series of expert meetings held
in Washington, D.C., London, Geneva, Doha, Jeddah, Singapore and The Hague, in the
framework of the Istanbul Process to discuss the implementation of Human Rights Council
resolution 16/18;
5. Notes the efforts of the Office of the United Nations High Commissioner for
Human Rights and the holding of four regional workshops, in Austria, Chile, Kenya and
Thailand, on separate but related issues, and the final workshop in Morocco and its outcome
document, the Rabat Plan of Action on the prohibition of advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or violence, and the
recommendations and conclusions contained therein;
6. Recognizes that open, public debate of ideas and interfaith and intercultural
dialogue at the local, national and international levels can be among the best protections
against religious intolerance and can play a positive role in strengthening democracy and
combating religious hatred, and is convinced that continuing dialogue on these issues can
help to overcome existing misperceptions;
7. Notes the speech given by the Secretary-General of the Organization of the
Islamic Conference at the fifteenth session of the Human Rights Council, and draws upon his
call on States to take the following actions to foster a domestic environment of religious
tolerance, peace and respect by:
(a) Encouraging the creation of collaborative networks to build mutual
understanding, promoting dialogue and inspiring constructive action towards shared policy
goals and the pursuit of tangible outcomes, such as servicing projects in the fields of
education, health, conflict prevention, employment, integration and media education;
(b) Creating an appropriate mechanism within Governments to, inter alia, identify
and address potential areas of tension between members of different religious communities,
and assisting with conflict prevention and mediation;
(c) Encouraging the training of government officials in effective outreach
strategies;
(d) Encouraging the efforts of leaders to discuss within their communities the
causes of discrimination, and evolving strategies to counter those causes;
(e) Speaking out against intolerance, including advocacy of religious hatred that
constitutes incitement to discrimination, hostility or violence;
(f) Adopting measures to criminalize incitement to imminent violence on the basis
of religion or belief;
(g) Understanding the need to combat denigration and negative religious
stereotyping of persons and incitement to religious hatred by strategizing and harmonizing
actions at the local, national, regional and international levels through, inter alia, education
and awareness-building;

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(h) Recognizing that the open, constructive and respectful debate of ideas and
interfaith and intercultural dialogue at the local, national and international levels can play a
positive role in combating religious hatred, incitement and violence;
8. Calls upon all States:
(a) To take effective measures to ensure that public functionaries, in the conduct
of their public duties, do not discriminate against individuals on the basis of religion or belief;
(b) To foster religious freedom and pluralism by promoting the ability of members
of all religious communities to manifest their religion and to contribute openly and on an
equal footing to society;
(c) To encourage the representation and meaningful participation of individuals,
irrespective of their religion, in all sectors of society;
(d) To make a strong effort to counter religious profiling, which is understood to
be the invidious use of religion as a criterion in conducting questionings, searches and other
law enforcement investigative procedures;
9. Encourages States to consider providing updates on efforts made in this regard
as part of their ongoing reporting to the Office of the High Commissioner;
10. Calls upon States to adopt measures and policies to promote full respect for
and protection of places of worship and religious sites, cemeteries and shrines, and to take
measures in cases where they are vulnerable to vandalism or destruction;
11. Takes note of the report submitted by the High Commissioner pursuant to
Human Rights Council resolution 40/25, summarizing the contributions received from
States, 71 and also takes note of the conclusions of the report based on those contributions;
12. Stresses the urgent need to implement all parts of the action plan outlined in
paragraphs 7 and 8 above with equal focus and attention in order to address religious
intolerance;
13. Requests the High Commissioner to prepare and submit to the Human Rights
Council at its forty-sixth session a comprehensive follow-up report with elaborated
conclusions based upon information provided by States on the efforts and measures taken for
the implementation of the action plan outlined in paragraphs 7 and 8 above, and views on
potential follow-up measures for further improvement of the implementation of that plan;
14. Calls for strengthened international efforts to foster a global dialogue for the
promotion of a culture of tolerance and peace at all levels, based on respect for human rights
and diversity of religion and belief.
46th meeting
22 June 2020
[Adopted without a vote.]

43/35. Mandate of the Intergovernmental Working Group on the


Effective Implementation of the Durban Declaration and
Programme of Action
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,
Recalling also Commission on Human Rights resolutions 2002/68 of 25 April 2002
and 2003/30 of 23 April 2003,
Recalling further Human Rights Council resolutions 1/5 of 30 June 2006, 11/12 of 18
June 2009, 22/30 of 22 March 2013 and 34/34 of 23 March 2017, in which the Council

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renewed and extended the mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action,
Welcoming General Assembly resolution 74/137 of 18 December 2019,
Encouraging the Working Group to enhance its efforts towards the effective
realization of its mandate, and to report regularly in this regard to the Human Rights Council
and the General Assembly,
1. Decides to renew the mandate of the Intergovernmental Working Group on the
Effective Implementation of the Durban Declaration and Programme of Action for a further
period of three years;
2. Requests the Chair of the Working Group to submit an annual report on its
sessions to the Human Rights Council;
3. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Working Group with all the human resources, technical and
financial assistance necessary for the effective implementation of its mandate;
4. Requests the Chair of the Working Group to orally update and engage in an
interactive dialogue with the General Assembly under the item entitled “Elimination of
racism, racial discrimination, xenophobia and related intolerance” annually;
5. Decides to remain seized of this priority matter.
46th meeting
22 June 2020
[Adopted without a vote.]

43/36. Mandate of the Special Rapporteur on contemporary forms


of racism, racial discrimination, xenophobia and related
intolerance
The Human Rights Council,
Recalling its resolution 7/34 of 28 March 2008 and all its resolutions on the mandate
of the Special Rapporteur on contemporary forms of racism, racial discrimination,
xenophobia and related intolerance, and also those of the Commission on Human Rights,
Recalling also 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,
Recalling further the importance of the 2030 Agenda for Sustainable Development,
including Sustainable Development Goal 10, and the Durban Declaration and Programme of
Action, to advancing racial equality, ensuring equal opportunities for all, guaranteeing
equality before the law and promoting social, economic and political inclusion without
distinction based on race, age, sex, disability, descent, national or ethnic origin, religion or
economic or other status,
1. Decides to renew the mandate of the Special Rapporteur on contemporary
forms of racism, racial discrimination, xenophobia and related intolerance for a further period
of three years, in accordance with the terms of reference contained in Human Rights Council
resolution 7/34;
2. Requests the Special Rapporteur to submit an annual report to the Human
Rights Council and to the General Assembly on all activities relating to the mandate with a
view to maximizing the benefits of the reporting process;
3. Also requests the Special Rapporteur to participate in relevant international
dialogues and policy forums relating to the implementation of the 2030 Agenda for
Sustainable Development, and to undertake thematic research with a view to advise States
and relevant State institutions on the elimination of all forms of racism, racial discrimination,

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xenophobia and related intolerance in the implementation of the 2030 Agenda, including with
reference to Sustainable Development Goal targets 10.2 and 10.3;
4. Further requests the Special Rapporteur to contribute to the twentieth
anniversary of the adoption of the Durban Declaration and Programme of Action, including
by participating in relevant meetings;
5. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur with all the human resources and the
technical and financial assistance necessary for the effective implementation of the mandate;
6. Decides to remain seized of this priority matter.
46th meeting
22 June 2020
[Adopted without a vote.]

43/37. Cooperation with Georgia


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 other relevant
international human rights instruments,
Bearing in mind relevant regional instruments, in particular the European Convention
for the Protection of Human Rights and Fundamental Freedoms,
Recalling its resolutions 34/37 of 24 March 2017, 37/40 of 23 March 2018 and 40/28
of 22 March 2019,
Expressing serious concern that the provisions of the above resolutions with regard to
Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia, have not been
implemented,
Reaffirming its commitment to the sovereignty, independence and territorial integrity
of Georgia within its internationally recognized borders,
Reaffirming also the primary responsibility of States to promote and protect human
rights and fundamental freedoms,
Recognizing the importance of the Geneva International Discussions established on
the basis of the ceasefire agreement of 12 August 2008 as an instrument for addressing
security, stability, human rights and humanitarian issues on the ground,
Underlining the role of the Incident Prevention and Response Mechanisms in Gali and
Ergneti in finding durable solutions for the safety and humanitarian needs of conflict-affected
persons on the ground,
Welcoming the cooperation of the Government of Georgia with the Office of the
United Nations High Commissioner for Human Rights and its office in Tbilisi, and with other
relevant international and regional human rights mechanisms and actors,
Welcoming also the continuous technical assistance provided by the Office of the High
Commissioner through its office in Tbilisi,
Recognizing the significance of the reports of the High Commissioner, 72
Stressing the findings of the High Commissioner in the reports, in which the High
Commissioner underscored the responsibility of the authorities in control in Abkhazia,
Georgia, and the Tskhinvali region/South Ossetia, Georgia, to uphold the fundamental
freedoms and human rights of all people living therein and expressed regret at the refusal of
those in control of Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia, to

72 A/HRC/36/65, A/HRC/39/44 and A/HRC/42/34.


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grant unimpeded access to staff members of the Office of the High Commissioner and to the
United Nations human rights mechanisms to both regions,
Expressing serious concern at the continuous process of installation and advancement
of barbed wire fences and different artificial barriers along the administrative boundary line
in Abkhazia, Georgia, and Tskhinvali region/South Ossetia, Georgia, and adjacent areas,
Expressing serious concern also at various forms of reported discrimination against
ethnic Georgians, violations of the right to life, deprivation of liberty, arbitrary detentions
and kidnappings, infringements of the right to property, violations of the right to health,
restrictions on education in one’s native language in both Georgian regions, and the continued
practice of demolition of the ruins of houses belonging to internally displaced persons in the
Tskhinvali region/South Ossetia, Georgia,
Expressing serious concern further at the lack of accountability for incidents of
ethnically targeted violations of the right to life of Georgians committed in the period from
2016 to 2019, which continues to contribute to impunity in both Abkhazia, Georgia, and the
Tskhinvali region/South Ossetia, Georgia,
Noting with concern that the situation of human rights has deteriorated in both regions,
particularly due to growing restrictions on freedom of movement,
Bearing in mind the negative consequences of the closure of the crossing points by
the authorities in control in Abkhazia, Georgia, and the Tskhinvali region/South Ossetia,
Georgia, and their severe impact on the affected population in and around both regions, which
aggravates its socioeconomic situation and isolation,
Expressing concern that internally displaced persons and refugees continue to be
deprived of the right to return to their homes in Abkhazia, Georgia, and the Tskhinvali
region/South Ossetia, Georgia, in a safe and dignified manner,
Recognizing with appreciation the efforts of the Government of Georgia to strengthen
democracy, the rule of law and the promotion and protection of human rights, and in this
context welcoming the cooperation of the Government with United Nations and regional
human rights mechanisms,
Expressing serious concern at the repeated denial of access to international and
regional monitors, including United Nations human rights mechanisms, to both Georgian
regions by those in control of those regions,
Recognizing in this context the importance of and need for periodic reports of the
Office of the High Commissioner for an objective and impartial assessment of the situation
of human rights in both Georgian regions,
1. Requests the United Nations High Commissioner for Human Rights to
continue to provide technical assistance through her office in Tbilisi;
2. Strongly calls for immediate and unimpeded access to be given to the Office
of the High Commissioner and international and regional human rights mechanisms to
Abkhazia, Georgia, and the Tskhinvali region/South Ossetia, Georgia;
3. Requests the High Commissioner to present to the Human Rights Council, in
accordance with its resolution 5/1 of 18 June 2007, an oral update on the follow-up to the
present resolution at its forty-fourth session, and to present a written report on developments
relating to and the implementation of the present resolution at its forty-fifth session.
46th meeting
22 June 2020
[Adopted by a recorded vote of 20 to 2, with 24 abstentions. The voting was as follows:
In favour:
Australia, Austria, Bahamas, Bulgaria, Czechia, Denmark, Fiji, Germany,
Italy, Japan, Libya, Marshall Islands, Mexico, Netherlands, Peru, Poland,
Slovakia, Somalia, Spain, Ukraine

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Against:
Cameroon, Venezuela (Bolivarian Republic of)
Abstaining:
Afghanistan, Angola, Argentina, Bahrain, Bangladesh, Brazil, Burkina Faso,
Chile, Democratic Republic of the Congo, Eritrea, India, Indonesia,
Mauritania, Namibia, Nepal, Nigeria, Pakistan, Philippines, Qatar, Republic of
Korea, Senegal, Sudan, Togo, Uruguay]

43/38. Technical assistance and capacity-building for Mali in the


field of 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 and other relevant
international human rights instruments,
Recalling General Assembly resolution 60/251 of 15 March 2006,
Recalling also 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, both of 18 June 2007,
Recalling further its resolutions 20/17 of 6 July 2012, on the situation of human rights
in Mali, 22/18 of 21 March 2013, in which it established the mandate of the Independent
Expert on the situation of human rights in Mali, 25/36 of 28 March 2014, 31/28 of 24 March
2016, 34/39 of 24 March 2017, 37/39 of 23 March 2018 and 40/26 of 22 March 2019, by
which it extended the mandate of the Independent Expert,
Reaffirming the primary responsibility of all States to promote, protect and fulfil the
human rights and fundamental freedoms enshrined in the Charter, the Universal Declaration
of Human Rights, the International Covenants on Human Rights and other relevant
international human rights instruments to which they are party,
Reaffirming also its commitment to the sovereignty, independence, unity and
territorial integrity of Mali,
Taking note with satisfaction of the report of the Independent Expert on the situation
of human rights in Mali, 73
Deeply concerned about the ongoing deterioration of the security situation in Mali,
mainly in the north and centre of the country, in particular the expansion of terrorist activities,
the intensification of violent extremism and communal violence, the proliferation of small
arms, the smuggling of drugs and migrants, trafficking in persons and other forms of
transnational organized crime,
Deeply concerned also about continued human rights violations and breaches,
including abuses, conflict-related sexual violence, violence against children and other
vulnerable groups and violations of international humanitarian law, the slow progress in the
implementation of some of the relevant provisions of the Agreement on Peace and
Reconciliation in Mali and the difficulties in the redeployment of government services and
the access of the population to basic social services,
Remaining concerned about the food and humanitarian crisis experienced by the
population groups affected by the conflict, including internally displaced persons, and about
the insecurity that continues to hamper humanitarian access, stressing that the deteriorating
humanitarian situation has a disproportionate impact on women and girls and condemning
attacks on humanitarian personnel,
Recalling in this regard that all the perpetrators of such acts must be held accountable
and that on 16 January 2013, at the request of the Malian transitional authorities, the

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Prosecutor of the International Criminal Court opened an investigation into the alleged crimes
committed in Mali since January 2012,
Recalling also that the Government of Mali has established a three-year emergency
plan for the period 2018–2020 for the restoration of basic social services in two regions of
the centre of the country, and calling upon the Government to implement the plan,
Noting the renewed commitment of the Government of Mali and the signatory groups
to swiftly implement their obligations under the Agreement on Peace and Reconciliation in
Mali, including the measures provided for in Security Council resolution 2480 (2019) of 28
June 2019, expressing concern about the delays in the peace process and encouraging all
parties to continue the dialogue within the framework of the Agreement Monitoring
Committee,
Recalling in this regard the signing, on 15 October 2018, between the Government of
Mali and the United Nations, of the Pact for Peace in Mali, which commits the Malian parties
to pursuing and accelerating the peace process in a more inclusive manner, and welcoming
the organization of the inclusive national dialogue that led to four key resolutions – namely,
commitments to organize legislative elections, hold a constitutional referendum, redeploy the
reconstituted defence and security forces and restore administrative services in all areas of
the country – as well as the review of some of the provisions of the Agreement on Peace and
Reconciliation in Mali, in accordance with the mechanisms provided for in article 65 of the
Agreement,
Welcoming the progress made in the disarmament, demobilization and reintegration
process and the effective integration of 1,330 former members of armed groups into the
Malian defence and security forces, as well as the ongoing redeployment of the country’s
reconstituted armed forces, in particular in Kidal, Ménaka, Gao and Timbuktu,
Welcoming also Security Council resolution 2374 (2017) of 5 September 2017, which
establishes a regime of targeted sanctions against, in particular, those who obstruct the
implementation of the Agreement on Peace and Reconciliation in Mali and those who plan,
direct or conduct human rights violations or abuses or violations of international
humanitarian law, including acts targeting the civilian population, not least women and
children, and noting the adoption by the Security Council of two series of sanctions in
December 2018 and July 2019, respectively,
Noting the commitment made by the Government of Mali at a number of sessions of
the Human Rights Council to give priority to dialogue and national reconciliation in resolving
the crisis,
Noting also the commitment made by the Government of Mali to restore the rule of
law and to combat impunity effectively,
Welcoming the cooperation of the Malian authorities with international human rights
mechanisms, notably the participation of Mali in the third cycle of the universal periodic
review in 2018, and the invitations issued to special procedure mandate holders of the Human
Rights Council,
Taking note of the latest report of the Secretary-General on the situation in Mali, 74 in
which he expresses concern about the continued delays in the implementation of the
Agreement on Peace and Reconciliation in Mali and growing insecurity across the country,
in particular in its northern and central regions, emphasizes the importance of combating
impunity to stem violence in the country and calls upon the Malian authorities to take all
measures in that regard,
Noting the consideration given by the Joint Force of the Group of Five for the Sahel
to the human rights due diligence policy on United Nations support to non-United Nations
security forces and noting the establishment of the framework for ensuring that the operations
of the Joint Force are in compliance with human rights and international humanitarian law,

74 S/2019/983.

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1. Strongly condemns the violations and abuses of human rights and violations of
international humanitarian law, including those involving violations and abuses of women’s
rights, notably sexual and gender-based violence, violations and abuses of children’s rights,
in particular the recruitment and use of children in violation of international law, and
extrajudicial and summary executions, arbitrary arrests and detention, mistreatment of
prisoners, killing and maiming, and attacks on schools and hospitals;
2. Calls upon all parties to respect the civilian character of schools in accordance
with international humanitarian law and to cease detaining children for violations of national
security in breach of applicable international law, urges all parties to put an end to such
violations and abuses and abide by their obligations under applicable international law,
including international human rights and humanitarian law, welcomes in this regard the
endorsement by the Malian authorities of the Safe Schools Declaration in February 2019 and
encourages them to follow up on it, including by drawing up a list of the schools closed as a
result of direct threats or insecurity;
3. Recalls in this regard that all perpetrators of such acts must be held accountable
before the competent courts, at both the national and the international level;
4. Strongly condemns the attacks, including terrorist attacks, on civilians,
representatives of local, regional and central institutions, the Malian defence and security
forces, the United Nations Multidimensional Integrated Stabilization Mission in Mali and the
French forces deployed in the framework of Operation Barkhane, underlines the importance
of bringing perpetrators, sponsors, organizers and financiers of these acts to justice and urges
the Government of Mali to ensure that those responsible for these acts are prosecuted;
5. Also strongly condemns the escalation of communal violence in the centre of
the country in the past year and calls upon the Government of Mali, with the support of the
United Nations Multidimensional Integrated Stabilization Mission in Mali and the
international community, to continue its efforts to achieve national reconciliation and to
prevent violence in identified hotspots;
6. Underscores that stabilization of the situation in central Mali requires a fully
integrated plan encompassing simultaneous pursuit of progress on security, governance,
development and reconciliation, as well as respect for, and protection and promotion of,
human rights;
7. Welcomes the measures taken by the Government of Mali in support of the
implementation of the Integrated Security Plan for the Central Regions of Mali, a
comprehensive plan to re-establish the presence of the State in central Mali, as well as the
establishment of a permanent secretariat for the policy framework for the management of the
crisis in central Mali and the appointment of a high representative of the President of the
Republic for the central regions, and stresses the need to continue making such efforts;
8. Reiterates its call for an immediate halt to all human rights violations and
abuses and violations of international humanitarian law and for the strict observance of all
human rights and fundamental freedoms;
9. Requests all parties to ensure the safe and unhindered delivery of humanitarian
aid, in accordance with humanitarian principles, to facilitate the safe and unrestricted passage
of such aid, so that it may be rapidly distributed to all those who need it in any part of Mali,
and to ensure the safety and protection of the civilians receiving it and of the humanitarian
and health personnel working in Mali;
10. Calls upon the Government of Mali to continue and to step up its efforts to
protect, respect and fulfil human rights and to promote national reconciliation, in particular
by strengthening the judiciary, ensuring that the transitional justice mechanism continues its
work and effectively redeploying government services throughout the country, and welcomes
in this regard the adoption by the National Assembly of the Policy and Planning Act for the
Justice Sector on 20 December 2019;
11. Encourages the Government of Mali to continue implementing the
recommendations accepted during the third cycle of the universal periodic review of Mali


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and calls, in particular, for the acceleration of efforts to adopt the law on combating gender-
based violence;
12. Calls upon all signatories of the Agreement on Peace and Reconciliation in
Mali to implement all its provisions, including those relating to the disarmament,
demobilization and reintegration of former fighters, the redeployment of Malian armed forces
throughout the territory, decentralization, the fight against impunity, the functioning of the
interim administrations in the north and the participation of women, and welcomes the
involvement of the Carter Centre as an independent observer of the Peace Agreement;
13. Encourages the Malian authorities to put in place all necessary measures to
prevent and put an end to the recruitment and use of children in violation of international law,
and to implement sustainable reintegration and rehabilitation programmes that take the
gender perspective into account;
14. Notes that the Prosecutor of the International Criminal Court, in January 2013,
initiated an investigation into crimes committed on the territory of Mali since January 2012,
that, on 27 September 2016, the Court found an individual guilty of war crimes for having
intentionally directed attacks against buildings of a religious and historical character in
Timbuktu and that all Malian stakeholders decided to lend the Court their support and
cooperation;
15. Supports in this regard the efforts of the Government of Mali to bring all
perpetrators of violations and abuses of human rights and violations of international
humanitarian law before impartial and independent courts, urges the Government to intensify
its efforts to combat impunity and notes its commitment to continue cooperating with the
International Criminal Court;
16. Welcomes the investigations initiated by the Government of Mali into
allegations of human rights violations committed against civilians and urges the Government
to bring the proceedings to a conclusion to ensure that the perpetrators face justice for such
acts;
17. Strongly condemns the summary execution of civilians and encourages the
Malian authorities to see through to completion the judicial investigations that have been
opened and those that are forthcoming with a view to bringing to justice the persons
responsible for these serious human rights violations;
18. Encourages the Government of Mali to ensure that measures taken to promote
national harmony are developed in an inclusive manner and meet the expectations of civil
society by making sure that the most serious crimes are prosecuted and that the victims are
provided with adequate compensation;
19. Welcomes the start of work by the International Commission of Inquiry
provided for in the Agreement on Peace and Reconciliation in Mali, a body established by
the Secretary-General to investigate the grave violations and abuses of international human
rights and humanitarian law, including the allegations of gender-based violence during the
conflict, that were committed on Malian territory from 1 January 2012 to 19 January 2018,
and encourages the Commission to work in concert with the Malian justice system and the
justice and reconciliation mechanisms established by the Agreement with a view to helping
them ensure accountability and bring to justice those responsible for these violations;
20. Also welcomes the commitment of the Government of Mali to ensuring that
women participate more fully in the national reconciliation process and in all decision-
making bodies of the peace process, including through the appointment in September 2019
of a Government ensuring greater involvement of women, in accordance with the relevant
Security Council resolutions, and to improving the political empowerment of women at all
levels, as well as the organization by the United Nations Multidimensional Integrated
Stabilization Mission in Mali, on 22 and 23 January 2020, of a national workshop for
reflection on the participation of women in the implementation of the Agreement on Peace
and Reconciliation in Mali;
21. Welcomes in addition the progress in the work of the Truth, Justice and
Reconciliation Commission, which has made it possible to collect more than 15,000

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testimonies from victims in several regions of Mali, as well as the start of public hearings of
victims on 8 December 2019, also welcomes the extension of the Commission’s mandate
until December 2021 and encourages the Malian authorities to guarantee the independence
and the means of the Commission, so that it can fulfil its mandate to support the victims of
the crises in Mali;
22. Encourages the Malian authorities and all regional and international actors to
continue making efforts to consolidate the progress made towards attaining peace and
security in Mali;
23. Commends the support of the United Nations Multidimensional Integrated
Stabilization Mission in Mali for the efforts of the Government of Mali to restore State
authority and the rule of law in the country, and deplores the loss of life the Mission is
experiencing;
24. Emphasizes that the efforts of the Joint Force of the Group of Five for the Sahel
to counter the cross-border activities of terrorist groups and other organized criminal groups
will help to create a more secure environment and establish the conditions required to
improve the human rights situation in Mali, also emphasizes the need to ensure that the
human rights protection and accountability mechanisms are operational and commends the
efforts that have been made to develop and put in place the human rights compliance
framework of the Joint Force;
25. Calls upon the Joint Force of the Group of Five for the Sahel to continue its
work, including by ensuring the effectiveness of its own accountability mechanisms, which
are essential to making certain that each incident involving civilian victims or alleged human
rights violations or abuses or violations of international humanitarian law is subject to a
prompt, impartial, independent and thorough investigation, and that immediate steps are
taken against the units and individuals alleged to be responsible;
26. Requests all parties to respect human rights and to ensure strict compliance
with international human rights law and international humanitarian law, and welcomes in this
regard the establishment of criminal investigation units composed of gendarmes, all military
criminal investigation officers, within the military forces involved in counter-terrorism
operations;
27. Reiterates its appreciation for the humanitarian assistance already provided to
civilians and urges the Government of Mali, with the continued support of the international
community and in consultation with the neighbouring countries concerned, to take all
appropriate measures to manage the humanitarian crisis, including severe food insecurity,
with a view to providing appropriate humanitarian assistance, in conditions of security, to
refugees and displaced persons, particularly in the centre and north of Mali, thereby
facilitating access by the population to basic social services and establishing conditions
conducive to the gradual recovery of the country;
28. Welcomes the adoption in June 2019 of a law creating a development zone for
the northern regions of Mali, as well as the inclusion in the 2020 Budget Act of a set-aside
of US$ 67 million for the sustainable development fund, and urges the Government of Mali
to speed up the re-establishment of public administration and basic services in the centre and
north of the country and work to restore an acceptable level of security;
29. Requests friendly countries and partner organizations that have made pledges
at successive conferences on the development of Mali to honour those pledges in order to
assist the Malian Government to expedite the effective and comprehensive implementation
of the Agreement on Peace and Reconciliation in Mali;
30. Calls for a fair, free, transparent and inclusive electoral process in view of the
legislative elections and constitutional referendum scheduled for 2020;
31. Acknowledges with satisfaction the close cooperation of the Government of
Mali with the Independent Expert on the situation of human rights in Mali in the discharge
of the mandate entrusted to him, and notes with satisfaction the Government’s commitment
to take into consideration the recommendations made by the Independent Expert after his
visits to Mali;


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32. Decides to extend the mandate of the Independent Expert on the situation of
human rights in Mali for a period of one year in order to permit him to evaluate the situation
of human rights in Mali and to assist the Government of Mali in its efforts to promote, protect
and fulfil human rights and to strengthen the rule of law;
33. Calls upon all parties in Mali to cooperate fully with the Independent Expert
and to help him carry out his mandate;
34. Requests the Independent Expert, within the framework of his mandate, to
work closely with all entities of the United Nations, the African Union, the Economic
Community of West African States, the Group of Five for the Sahel and its States members,
neighbouring States and all other international organizations concerned, as well as with
Malian civil society;
35. Also requests the Independent Expert to submit a report to the Human Rights
Council at its forty-sixth session;
36. Decides to hold a dialogue at its forty-sixth session, in the presence of the
Independent Expert and representatives of the Government of Mali, to assess the changes in
the situation of human rights in the country, with a particular focus on the re-establishment
of the administration of justice and, more broadly, the fight against impunity;
37. Invites the Secretary-General and the United Nations High Commissioner for
Human Rights to continue to provide the Independent Expert with all the assistance he needs
to discharge his mandate fully;
38. Requests the Office of the United Nations High Commissioner for Human
Rights to continue to provide the technical assistance requested by the Government of Mali
in order to strengthen the capacity of the National Human Rights Commission of Mali,
commends the Malian authorities for having brought the Commission into conformity with
the principles relating to the status of national institutions for the promotion and protection
of human rights (the Paris Principles) and provided it with the necessary means to carry out
its work independently and qualify for A status, and welcomes the submission by the
Commission of its first report on human rights, discussed in the National Assembly in
December 2019, pursuant to the law under which the Commission was created;
39. Urges the international community to continue to provide Mali with the
assistance needed to ensure its stability with a view to promoting respect for all human rights
and making a determined effort to combat impunity, which will pave the way for national
reconciliation, peace and social cohesion;
40. Decides to remain seized of this matter.
46th meeting
22 June 2020
[Adopted without a vote.]

43/39. Technical assistance and capacity-building to improve


human rights in Libya

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 relevant international
human rights treaties,
Confirming the primary responsibility of States to promote and protect human rights,
Reaffirming its strong commitment to the sovereignty, independence, unity and
territorial integrity of Libya,
Looking forward to a future for Libya based on justice, national reconciliation, respect
for human rights and the rule of law,

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Reaffirming its previous resolutions on Libya,


Recognizing the importance of the Libyan Political Agreement of Skhirat of 2015,
which set out the principles for ensuring the rights of the Libyan people for a peaceful
transition to a democratic political future,
Recognizing also the central role and shared responsibility of the United Nations in
facilitating an inclusive intra-Libyan political and reconciliation process based on its core,
the Libyan Political Agreement of Skhirat, which includes credible and sequenced steps
towards the dismantling of arms and armed groups by all parties operating outside the
legitimate and civilian executive authority of Libya, in accordance with article 34 of the
Agreement and Security Council resolutions 2420 (2018) of 11 June 2018 and 2486 (2019)
of 12 September 2019, leading to a comprehensive and lasting cessation of all hostilities,
Expressing full support for the conclusions of the Berlin Conference on Libya, held
on 19 January 2020, 75 as the action plan for the United Nations Support Mission in Libya and
for the political road map presented on 20 September 2017 by the Special Representative of
the Secretary-General for Libya and recalibrated on 8 November 2018 to support a Libyan
dialogue that will achieve a sustainable, stable, unified, representative and effective
governance structure under the framework of the Libyan Political Agreement of Skhirat,
Anticipating the inclusive political process set out in the United Nations-led three-
track action plan, and reiterating the importance of the full participation of youth and women
in the political process, including in the national conference dialogue,
Appreciating the efforts made by Libya to combat terrorism and its negative effect on
human rights in Libya, while reaffirming the need for the Libyan authorities to combat
terrorism in Libya, in accordance with the Charter and international law,
Welcoming the efforts of the African Union, particularly its Peace and Security
Council and its Commission on Human and Peoples’ Rights, in working towards a peaceful
and consensual solution to the Libyan crisis,
Expressing deep concern at the impact of the security, economic and humanitarian
situation in Libya on its people, the continued mass displacement and the violations and
abuses of international human rights law and international humanitarian law committed in
Libya, in particular their impact on the most vulnerable, including women and children,
Underlining the importance of restoring the rule of law throughout Libya,
accompanied by the full restoration of State control, including through a holistic security
strategy built on professional, accountable and unified security institutions,
Expressing concern at the human rights violations and abuses committed against
irregular migrants in Libya, including in detention centres, and sharing the concern of the
Government of National Accord at the accounts of abuses by criminal enterprises,
Commending the establishment of an emergency transit mechanism for evacuating
migrants from Libya to the Niger and Rwanda with the support of the African Union and the
Office of the United Nations High Commissioner for Refugees, in a shared effort to alleviate
the challenges confronting migrants in Libya,
Reaffirming that those responsible for violations and abuses of human rights law and
violations of international humanitarian law should be held accountable through effective
judicial processes and access to justice,
Underlining the acute need for the coordination of national, regional and international
efforts to tackle the root causes of irregular migration through the sharing of responsibility to
prevent the exploitation of irregular migrants by smugglers, human traffickers and terrorist
groups, and to facilitate the voluntary, safe and dignified return or repatriation of the said
migrants to a third country, in accordance with national and international law,
1. Welcomes the continued cooperation of the Government of National Accord
with the Human Rights Council, its committees and its mechanism, including in the context

75 See S/2020/63, annex I.


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of the universal periodic review, and emphasizes the pressing need for the implementation of
the recommendations accepted by Libya at its review during the second cycle;
2. Deplores the sequence of events that led to the outbreak of the latest round of
armed conflict in the declared war on the capital on 4 April 2019, which led to the
cancellation of the much-anticipated United Nations-led Libyan National Conference,
scheduled to be held in Ghedames on 14 April 2019;
3. Urges States to do make every effort, in accordance with their obligations
under international law, to prevent any political, material or financial support for terrorist
groups, to deny terrorists safe haven, freedom of operation, movement and recruitment, and
to prevent violations and abuses committed by terrorist groups within States̕ borders;
4. Takes note of the report of the Secretary-General on the United Nations
Support Mission in Libya, 76 and calls upon all parties to respect international humanitarian
law and international human rights law;
5. Welcomes the reports presented by the United Nations High Commissioner for
Human Rights to the Human Rights Council on the situation of human rights in Libya, 77
including the assessments of the effectiveness of the technical assistance and capacity-
building measures received by Libya;
6. Also welcomes the three-step plan announced by the Special Representative of
the Secretary-General for Libya, by which armed conflict and the proxy war will come to an
end, helping to achieve stability in order to properly address the situation of human rights in
Libya;
7. Highly appreciates the determined efforts made to stabilize the Libyan
economy at the talks commenced in Tunis, and to advance the military and political situation
in Libya at the talks being held in Geneva, within the framework of the three-step plan, and
the initiative to unify the Libyan military at the talks held in Cairo;
8. Welcomes, on behalf of the United Nations country team, the commitment of
the Special Representative of the Secretary-General for Libya and the humanitarian work
conducted by the Office of the United Nations High Commissioner for Refugees, the
International Organization for Migration, the World Health Organization and others to
intensify the work on the ground of the United Nations to assist the Government of National
Accord in improving the living conditions of all civilians, including irregular migrants and
internally displaced persons;
9. Looks forward to strengthening the technical and humanitarian assistance
programmes of the United Nations in Libya, to planning for a new round of voluntary funding
for 2020 for the Libya Humanitarian Response Plan and the Stabilization Facility for Libya,
and the strengthening of the strategic coordination of the United Nations Support Mission in
Libya and other United Nations agencies, funds and programmes in Libya;
10. Recalls the visit by the Special Rapporteur on the human rights of internally
displaced persons to Libya from 25 to 31 January 2018, and calls upon the Government of
National Accord to continue to implement the recommendations made by the Special
Rapporteur in her report 78 to prioritize the creation of a national road map to establish a
common strategy, and to help guide and ensure a coordinated action plan for an appropriate
and effective response to the situation of displaced persons;
11. Welcomes the decision of the Government of National Accord to approve the
request of the Working Group on Arbitrary Detention to visit Libya, and encourages the
Working Group to conduct its visit as soon as feasibly possible;
12. Also welcomes the renewal of the invitation extended by the Government of
National Accord to the United Nations High Commissioner for Human Rights to visit Libya,

76 S/2020/41.
77 A/HRC/40/46 and A/HRC/43/75.
78 A/HRC/38/39/Add.2.

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and to continue the existing cooperation between the authorities of Libya and the Office of
the High Commissioner;
13. Further welcomes the constructive cooperation between the Government of
National Accord and the International Organization for Migration, including the invitation
extended by the Government to the Director General of the Organization to address the
situation of irregular migrants held in detention centres in Libya, giving priority to children
and women, and the positive results achieved in coordination with the Government and with
the support of Member States, including neighbouring States, and regional organizations;
14. Takes note of the report on the meeting of the African Union High-level
Committee on Libya, held in Addis Ababa on 10 February 2019, and the hosting by the
Congo of the eighth meeting of the African Union High-level Committee in Brazzaville on
30 January 2020;
15. Requests the Government of National Accord and relevant United Nations and
African Union bodies to take the measures necessary for the planning of free, transparent and
fair legislative and presidential national elections as soon as the national security situation
has stabilized, in support of the United Nations-led process;
16. Recognizes the need for greater efforts by States to trace, freeze and preserve
hidden and stolen Libyan assets, and the importance of effective cooperation between the
international community and the Government of National Accord for their recovery, taking
into account the important contribution of these assets to improving security and development
and the promotion and protection of human rights in Libya;
17. Welcomes the decision of the Presidency Council of the Government of
National Accord to reconstitute a national committee on international humanitarian law,
headed by the Ministry of Justice and with the membership of relevant ministries, to raise
awareness of human rights in security and military circles;
18. Highlights the efforts of the Presidency Council of the Government of National
Accord to establish a joint committee to monitor the situation of human rights and to improve
conditions in detention centres, prisons and all related institutions, and in this regard calls
upon States to provide the assistance and capacity-building required;
19. Commends the decision of the Presidency Council of the Government of
National Accord on 19 April 2018 to establish a high-level committee to follow up on the
affairs of Libyans displaced in and outside of the country;
20. Also commends all international and regional efforts made to reach a
comprehensive solution, through dialogue, that paves the way to restoring stability in Libya,
and the important role of the African Union and its High-level Committee on Libya, the
League of Arab States, the European Union and the Algiers meeting of ministers for foreign
affairs of neighbouring States;
21. Welcomes the conclusions of the international conference on Libya held on 19
January 2020 in Berlin, and urges those States that are unilaterally intervening in the internal
affairs of Libya that may be held responsible to refrain from such interference in accordance
with relevant Security Council resolutions, including the arms embargo;
22. Also welcomes in that regard Security Council resolution 2510 (2020) of 12
February 2020, in which the Council endorsed the Berlin conference conclusions, 79 and calls
upon all States concerned to comply with its provisions, especially with regard to the
consolidation of the ceasefire and the arms embargo, which will have a direct positive impact
on the situation of human rights in Libya;
23. Calls upon the international community to fully support the plan for Libya on
“silencing the guns by 2020”, and the working group established to oversee its
implementation, announced by President Al-Sarraj on the sidelines of the forty-third session
of the Human Rights Council, aligned with the African Union campaign, Silencing the Guns

79 See S/2020/63, annex I.


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in Africa by 2020, and Sustainable Development Goal 16 with regard to reducing the inflow
of arms and illicit trafficking;
24. Welcomes the decision of the Presidency Council of the Government of
National Accord to establish a committee responsible for security arrangements to secure the
capital and its outskirts, and all Libyan territory, also welcomes the initiative of the Ministry
of the Interior of Libya of establishing a joint security room, coordinated by the Government
and the international community, and calls upon the United Nations and the international
community to provide the technical support and capacity-building required for such a
cooperative mechanism to achieve peace in Libya;
25. Reaffirms the condemnation by the United Nations of the airstrikes conducted
throughout Libya, particularly those that targeted civilians, schools, medical facilities and
civilian airports in a manner incompatible with international humanitarian law, and migrant
detention centres and other facilities located in highly populated areas, killing and injuring
civilians, including the most vulnerable, namely women, children and migrants, and causing
massive displacement and exacerbating the security, economic and humanitarian situation in
the country;
26. Underscores the importance of technical assistance and capacity-building
measures by States members of international and regional organizations to assist Libya to
secure its borders, to prevent cross-border criminal enterprises from using Libyan territory
as a safe haven, and to investigate and prosecute acts of smuggling of irregular migrants and
trafficking in persons through its territory, in accordance with national and international
human rights law, and relevant international conventions to which Libya is a State party, and
calls upon Member States and regional organizations to expand their partnership with the
Government of National Accord and in support of the United Nations country team;
27. Strongly condemns the terrorist attacks that targeted the Ministry of Foreign
Affairs, the National Oil Corporation and the High National Elections Commission, and other
institutions throughout Libya committed by terrorist groups, and any other entities associated
with them in Libya listed by the Security Council as criminal or terrorist groups;
28. Recognizes the ongoing human rights challenges in Libya, and strongly
encourages States and international organizations to support Libya and to increase their
efforts to protect and promote human rights and to prevent any violations or abuses, and in
that regard encourages the Government of National Accord to continue its engagement with
the United Nations Support Mission in Libya and the Office of the United Nations High
Commissioner for Human Rights;
29. Strongly condemns all acts of violence in Libya, particularly those that
constitute violations and abuses of human rights and violations of international humanitarian
law that have been committed, in particular against civilians, including women and children,
as well as reported violations and abuses, including but not limited to unlawful detentions,
abductions, enforced disappearances, torture and unlawful killings, including alleged
extrajudicial killings and alleged attacks, intimidation or harassment of and violence against
journalists, media workers, members of civil society and human rights defenders, especially
given their role in documenting protests and human rights violations and abuses, and
restrictions on freedom of expression;
30. Notes with concern the humanitarian situation in Libya while welcoming the
efforts of the Government of National Accord to improve it, and calls for rapid, safe and
unhindered humanitarian access for United Nations humanitarian agencies, their
implementing partners and other humanitarian organizations, including across conflict lines
and upon the request of Libyan authorities, in order to ensure that humanitarian assistance
reaches people in need freely by the most direct routes;
31. Expresses concern at the number of detainees, including conflict-related
detainees, encourages the Government of National Accord to address allegations of
violations of human rights, and also expresses its concern at reports of torture, sexual and
gender-based violence and harsh conditions in prisons and detention centres, and requests the
Government to establish full and effective control over all prisons and detention centres in
order to ensure that detainees are treated in accordance with its international human rights

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obligations, including, as applicable, those relating to fair trial guarantees and humane
treatment in detention;
32. Recognizes the efforts of the Government of National Accord to address the
plight of internally displaced persons, and encourages the Government to continue its efforts
to improve that situation, including by implementing the agreement brokered by the
Presidency Council, calls for the voluntary, safe and dignified return of all persons displaced
by the conflict since 2011, in accordance with international human rights standards, and urges
States and international organizations to increase their efforts to resolve the situation of
internally displaced persons;
33. Repeats its call upon all parties in Libya to comply immediately with their
applicable obligations under international human rights law and international humanitarian
law and for strict respect of all human rights and fundamental freedoms, and urges all leaders
to declare that violations and abuses of human rights or violations of international
humanitarian law by their fighters will not be tolerated and that individuals responsible for
such acts will be removed from duty and will be held accountable;
34. Urges all Libyans to oppose polarization and hate speech in official and public
discourse, which threaten democratic values, social stability and peace, weakens the social
fabric and undermines stability, peace and security;
35. Requests the Government of National Accord, the international community,
the United Nations and all parties to the conflict in Libya to facilitate the full, equal and
effective participation of women in activities relating to the prevention and resolution of the
armed conflict, the maintenance of peace and security and post-conflict peacebuilding, in
accordance with relevant Security Council resolutions, and encourages the Presidency
Council to ensure that the women’s support and empowerment unit, established in November
2018, is fully operational;
36. Underlines the importance of, and the commitment of the Government of
National Accord to, continued human rights monitoring, assessment and evaluation in order
to determine effective human rights technical assistance and capacity-building measures;
37. Calls upon the Government of National Accord to increase its efforts to hold
those responsible for violations or abuses of international human rights law and international
humanitarian law accountable, and notes the cooperation between the Government and
international criminal and accountability mechanisms and organizations in that regard;
38. Calls upon the Libyan legislative institution to carry out its responsibilities and
support efforts made to consolidate the rule of law and to enact new legislation to protect
human rights further in Libya, in accordance with international humanitarian law and
international human rights law;
39. Requests the Office of the United Nations High Commissioner for Human
Rights, while continuing its engagement with the United Nations Support Mission in Libya,
to continue to monitor and report on human rights violations and abuses across Libya and to
establish the facts and circumstances of such abuses and violations with a view to avoiding
impunity and ensuring full individual accountability;
40. Renews its request to the Office of the High Commissioner to provide technical
assistance and capacity-building to Libya to promote and protect human rights to prevent
violations and abuses of human rights, and to ensure accountability for such violations and
abuses;
41. Encourages the special procedures of the Human Rights Council to visit Libya
and to report to the Council, also through public statements;
42. Invites the Office of the High Commissioner to work closely with the
Government of National Accord, relevant United Nations bodies, the African Union and all
other relevant regional and international organizations;
43. Requests the High Commissioner to immediately establish and dispatch a fact-
finding mission to Libya, and to designate experts to implement, in an independent and
impartial manner, for a period of one year, the following mandate:


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(a) To establish the facts and circumstances of the situation of human rights
throughout Libya, and to collect and review relevant information, to document alleged
violations and abuses of international human rights law and international humanitarian law
by all parties in Libya since the beginning of 2016, including any gendered dimensions of
such violations and abuses, and to preserve evidence with a view to ensuring that perpetrators
of violations or abuses of international human rights law and international humanitarian law
are held accountable;
(b) To work in cooperation with the Libyan authorities, the League of Arab States,
the African Union and the United Nations Support Mission in Libya;
44. Urges the Libyan authorities to grant the fact-finding mission and its members
unhindered access to all Libyan territory without delay and to allow them to visit sites, and
to meet and speak freely and privately, when they so request, with whomever they wish to
meet or speak;
45. Requests the fact-finding mission to present an oral update on its work and
findings to the Human Rights Council at its forty-fifth session during an interactive dialogue,
with the participation of the Special Representative of the Secretary-General for Libya, and
to present to the Council, during an interactive dialogue at its forty-sixth session, a
comprehensive written report on the situation of human rights in Libya, including on efforts
to prevent and ensure accountability for violations and abuses of human rights and
recommendations for follow-up;
46. Requests the Secretary-General to provide the Office of the High
Commissioner with the resources necessary for the full implementation of the present
resolution;
47. Decides to remain seized of the matter.
46th meeting
22 June 2020
[Adopted without a vote.]

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B. Decisions

43/101. Outcome of the universal periodic review: Italy

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 25 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 Italy on 4 November 2019 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Italy, 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
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

30th meeting
12 March 2020
[Adopted without a vote.]

43/102. Outcome of the universal periodic review: El Salvador

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 25 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 El Salvador on 4 November 2019 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of El Salvador, 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

30th meeting
12 March 2020
[Adopted without a vote.]

43/103. Outcome of the universal periodic review: Gambia

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 25 March 2011, and President’s statement PRST/8/1 of 9 April 2008,
on the modalities and practices for the universal periodic review process,

80 A/HRC/43/4.
81 A/HRC/43/4/Add.1; see also A/HRC/43/2, chap. VI.
82 A/HRC/43/5.
83 A/HRC/43/5/Add.1; see also A/HRC/43/2, chap. VI.


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Having conducted the review of the Gambia on 5 November 2019 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of the Gambia, 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

30th meeting
12 March 2020
[Adopted without a vote.]

43/104. Outcome of the universal periodic review: Plurinational


State of Bolivia

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 25 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 Plurinational State of Bolivia on 5 November
2019 in conformity with all relevant provisions contained in the annex to Council resolution
5/1,
Adopts the outcome of the review of the Plurinational State of Bolivia, 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

30th meeting
12 March 2020
[Adopted without a vote.]

43/105. Outcome of the universal periodic review: Fiji

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 25 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 Fiji on 6 November 2019 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Fiji, 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

84 A/HRC/43/6.
85 A/HRC/43/2, chap. VI.
86 A/HRC/43/7.
87 A/HRC/43/7/Add.1; see also A/HRC/43/2, chap. VI.
88 A/HRC/43/8.

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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

31st meeting
12 March 2020
[Adopted without a vote.]

43/106. Outcome of the universal periodic review: San Marino

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 25 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 San Marino on 6 November 2019 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of San Marino, 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

31st meeting
12 March 2020
[Adopted without a vote.]

43/107. Outcome of the universal periodic review: Islamic Republic


of Iran

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 25 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 Islamic Republic of Iran on 8 November 2019 in
conformity with all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of the Islamic Republic of Iran, comprising the
report thereon of the Working Group on the Universal Periodic Review, 92 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. 93

31st meeting
12 March 2020
[Adopted without a vote.]

89 A/HRC/43/8/Add.1; see also A/HRC/43/2, chap. VI.


90 A/HRC/43/9.
91 A/HRC/43/9/Add.1; see also A/HRC/43/2, chap. VI.
92 A/HRC/43/12.
93 A/HRC/43/12/Add.1; see also A/HRC/43/2, chap. VI.


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43/108. Outcome of the universal periodic review: Angola

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 25 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 Angola on 7 November 2019 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Angola, comprising the report thereon of the
Working Group on the Universal Periodic Review, 94 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. 95

31st meeting
12 March 2020
[Adopted without a vote.]

43/109. Outcome of the universal periodic review: Kazakhstan

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 25 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 Kazakhstan on 7 November 2019 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Kazakhstan, comprising the report thereon of the
Working Group on the Universal Periodic Review, 96 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. 97

31st meeting
12 March 2020
[Adopted without a vote.]

43/110. Outcome of the universal periodic review: Madagascar

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 25 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 Madagascar on 11 November 2019 in conformity
with all relevant provisions contained in the annex to Council resolution 5/1,

94 A/HRC/43/11.
95 A/HRC/43/11/Add.1; see also A/HRC/43/2, chap. VI.
96 A/HRC/43/10.
97 A/HRC/43/10/Add.1; see also A/HRC/43/2, chap. VI.

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A/75/53

Adopts the outcome of the review of Madagascar, comprising the report thereon of
the Working Group on the Universal Periodic Review, 98 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. 99

32nd meeting
12 March 2020
[Adopted without a vote.]

43/111. Outcome of the universal periodic review: Iraq

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 25 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 Iraq on 11 November 2019 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Iraq, comprising the report thereon of the
Working Group on the Universal Periodic Review, 100 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. 101

32nd meeting
12 March 2020
[Adopted without a vote.]

43/112. Outcome of the universal periodic review: Slovenia

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 25 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 Slovenia on 12 November 2019 in conformity with
all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Slovenia, comprising the report thereon of the
Working Group on the Universal Periodic Review, 102 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. 103

32nd meeting
12 March 2020
[Adopted without a vote.]

98 A/HRC/43/13.
99 A/HRC/43/13/Add.1; see also A/HRC/43/2, chap. VI.
100 A/HRC/43/14.
101 A/HRC/43/14/Add.1; see also A/HRC/43/2, chap. VI.
102 A/HRC/43/15.
103 A/HRC/43/15/Add.1; see also A/HRC/43/2, chap. VI.


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43/113. Outcome of the universal periodic review: Egypt

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 25 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 Egypt on 13 November 2019 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Egypt, comprising the report thereon of the
Working Group on the Universal Periodic Review, 104 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. 105

32nd meeting
12 March 2020
[Adopted without a vote.]

43/114. Outcome of the universal periodic review: Bosnia and


Herzegovina

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 25 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 Bosnia and Herzegovina on 13 November 2019 in
conformity with all relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Bosnia and Herzegovina, comprising the report
thereon of the Working Group on the Universal Periodic Review, 106 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. 107

33rd meeting
13 March 2020
[Adopted without a vote.]

43/115. Extension of mandates and mandated activities

At its 34th meeting, on 13 March 2020, the Human Rights Council decided to adopt
the text below:
“The Human Rights Council,
Noting the measures taken by the host country, Switzerland, to prevent the
spread of COVID-19, and the assessments made by the World Health Organization,
the United Nations Office at Geneva and the secretariat of the Human Rights Council,

104 A/HRC/43/16.
105 A/HRC/43/16/Add.1; see also A/HRC/43/2, chap. VI.
106 A/HRC/43/17.
107 A/HRC/43/17/Add.1; see also A/HRC/43/2, chap. VI.

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Recalling that, on 12 March 2020, the Human Rights Council decided to


suspend its forty-third session on 13 March until further notice,
Recalling also that all resolutions and decisions that were tabled prior to 1 p.m.
on 13 March 2020 will be acted upon by the Human Rights Council when it resumes
its forty-third session,
Decides to extend all mandates and mandated activities, as described in the
supplementary information relating to the three-year programme of work for 2020-
2022 and that would otherwise expire, until the date on which they can be considered
by the Human Rights Council when it resumes its forty-third session.”
[Adopted without a vote.]

43/116. Decision adopted by the Human Rights Council on 29 May


2020

On 29 May 2020, the Human Rights Council decided to adopt the text below:
“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 of 18 June 2007 on institution-building of the Council,
Noting with concern the unprecedented situation due to the COVID-19
pandemic, which is preventing the Human Rights Council from holding plenary
meetings within the United Nations premises as long as the precautionary measures
aimed at containing the spread of COVID-19 are in place,
1. Authorizes the President of the Human Rights Council to circulate, after
consultation with the Bureau, the present draft decision as well as the draft President’s
statement on COVID-19 to all Members of the Council under a silence procedure of
72 hours;
2. Decides that, unless the silence is broken, both the present draft decision
and the draft President’s statement on COVID-19 shall be considered adopted as part
of the forty-third session of the Council, which shall be deemed resumed at the
moment the silence procedure expires for the sole purpose of adopting these two
documents, and suspended again immediately thereafter;
3. Also decides that the procedure for the adoption of the draft President’s
statement on COVID-19 shall apply solely to the current exceptional circumstances
during which plenary meetings of the Human Rights Council are not possible due to
the COVID-19 pandemic, and that it shall not serve as a precedent.”

43/117. Methods of work of the Consultative Group of the Human


Rights Council

At its 46th meeting, on 22 June 2020, the Human Rights Council decided to adopt the
text below:
“The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming Human Rights Council resolutions 5/1 of 18 June 2007, on
institution-building of the Council, and 16/21 of 25 March 2011, on the review of the
work and functioning of the Council,
Taking note with appreciation of the work of the Consultative Group of the
Human Rights Council in selecting candidates for mandate holder positions of the
Council,


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Recalling the important role of Member States in raising awareness and


promoting Human Rights Council mechanisms and the special procedures, and in
sharing information regarding vacancies for mandate holder positions of the Council,
Reaffirming that all candidates for mandate holders shall meet the general
criteria of (a) expertise; (b) experience in the field of the mandate; (c) independence;
(d) impartiality; (e) personal integrity; and (f) objectivity; and particular requirements
as defined by the Human Rights Council in paragraphs 39, 40 and 41 of the annex to
its resolution 5/1 and section II, subsection C of its decision 6/102 of 27 September
2007,
Reaffirming also that due consideration should be given to gender balance,
equitable geographic representation and appropriate representation of different legal
systems among mandate holders, and noting with concern the current lack of gender
balance, equitable geographic representation and appropriate representation of
different legal systems among mandate holders,
Stressing the importance of clearly defining the methods of work of the
Consultative Group in order to ensure the transparent, objective and independent
selection of candidates for mandate holder positions of the Human Rights Council,
1. Requests the President of the Human Rights Council to conduct before
the end of 2020 no fewer than two and no more than five rounds of open consultations
of a maximum of five days with States and relevant stakeholders, aiming to formulate
draft methods of work of the Consultative Group of the Human Rights Council, in full
compliance with Council resolutions 5/1 and 16/21;
2. Invites the President of the Human Rights Council to broadly consult
with all relevant stakeholders before the last round of open consultations;
3. Requests the Office of the United Nations High Commissioner for
Human Rights to provide all necessary resources and assistance to the President of the
Human Rights Council in conducting the consultations;
4. Requests the President of the Human Rights Council to update the
Council on progress at its forty-fifth session, and to submit the draft methods of work
of the Consultative Group to the Council for its consideration before the end of 2020.”
[Adopted by a recorded vote of 31 to 12, with 4 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Bahamas, Bahrain, Bangladesh,
Brazil, Burkina Faso, Cameroon, Chile, Democratic Republic of the Congo,
Eritrea, Fiji, India, Indonesia, Libya, Mauritania, Mexico, Namibia, Nepal,
Nigeria, Pakistan, Peru, Philippines, Qatar, Senegal, Somalia, Sudan, Uruguay,
Venezuela (Bolivarian Republic of)
Against:
Australia, Bulgaria, Czechia, Denmark, Germany, Italy, Japan, Marshall
Islands, Netherlands, Poland, Slovakia, Ukraine
Abstaining:
Austria, Republic of Korea, Spain, Togo]

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C. President’s statement

PRST 43/1. Human rights implications of the COVID-19 pandemic

On 29 May 2020, the President of the Human Rights Council made the following
statement:
“The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
the Universal Declaration of Human Rights, the International Covenant on Civil and
Political Rights, the International Covenant on Economic, Social and Cultural Rights
and the Vienna Declaration and Programme of Action,
Deeply concerned about the loss of life and livelihoods and the disruption to
economies and societies by the COVID-19 pandemic, and its negative impact on the
enjoyment of human rights around the world,
Emphasizing the importance of human rights in shaping the response to the
pandemic, both for the public health emergency and the broader impact on people’s
lives and livelihoods,
Stressing that States bear the primary responsibility to respect, protect and
fulfil human rights and fundamental freedoms,
Reaffirming the right of everyone, without distinction of any kind, to the
enjoyment of the highest attainable standard of physical and mental health, while
emphasizing that all human rights are universal, indivisible, interrelated,
interdependent and mutually reinforcing,
Recognizing the efforts made by Governments, as well as by health-care
workers, the majority of whom are women, and other essential workers around the
world, to deal with the pandemic through measures to protect the health, safety and
well-being of their people, and emphasizing the importance of providing health-care
and other essential workers with the necessary protection and support,
Deeply concerned that the COVID-19 pandemic perpetuates and exacerbates
existing inequalities, and that those most at risk are persons in vulnerable and
marginalized situations, including older persons, migrants, refugees, internally
displaced persons, persons with disabilities, persons belonging to minorities,
indigenous peoples, persons deprived of their liberty, homeless persons and persons
living in poverty, and recognizing the need to ensure non-discrimination and equality
while stressing the importance of age- and gender-responsive and disability-sensitive
measures in this regard,
Expressing deep concern at the stigmatization, xenophobia, racism and
discrimination, including racial discrimination, surfacing in the COVID-19 pandemic
in many parts of the world, and stressing the need to combat it,
Emphasizing that COVID-19 has become a global pandemic that can only be
countered effectively through international cooperation, unity, solidarity and
collective action, based on a multilateral approach and strong international
institutions,
Recognizing with deep concern the impact of high debt levels on countries’
ability to withstand the impact of the COVID-19 shock,
Reaffirming the fundamental role of the United Nations system in coordinating
the global response to control and contain the spread of COVID-19 and in supporting
Member States, and in this regard acknowledging the crucial leading role played by
the World Health Organization,
Emphasizing the importance of timely, equitable and unhindered access to
safe, affordable, effective and quality medicines, vaccines, diagnostics and
therapeutics, and other health products and technologies necessary to ensure an


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adequate and effective response to the pandemic, including for the most vulnerable
people affected by armed conflicts, extreme poverty, natural disasters or climate
change, and of the urgent removal of unjustified obstacles thereto,
Reaffirming that emergency measures taken by Governments in response to
the COVID-19 pandemic must be necessary, proportionate to the evaluated risk and
applied in a non-discriminatory way, have a specific focus and duration, and be in
accordance with the State’s obligations under applicable international human rights
law,
Recognizing the need for all stakeholders to be part of the responses to COVID-
19, to have access to timely and accurate information online and offline, to be involved
in decisions that affect them, and also the need to facilitate contributions by civil
society as well as the private sector to these responses,
1. Notes with appreciation the guidance of the United Nations High
Commissioner for Human Rights on human rights-compliant responses to the
COVID-19 pandemic 108 and the Secretary-General’s policy brief on COVID-19 and
human rights entitled “We are all in this together”; 109
2. Recognizes the active role of the mechanisms of the Human Rights
Council, including the special procedures, as well as the human rights treaty bodies in
highlighting the human rights implications of the COVID-19 pandemic and offering
guidance to States in ensuring a human rights-compliant response to the pandemic;
3. Calls upon States to ensure that all human rights are respected,
protected and fulfilled while combating the pandemic, and that their responses to the
COVID-19 pandemic are in full compliance with their human rights obligations and
commitments;
4. Requests the United Nations High Commissioner for Human Rights to
prepare a report on the impact of the COVID-19 pandemic on the enjoyment of human
rights around the world, including good practices and areas of concern, and to present
the report to the Human Rights Council at its forty-sixth session;
5. Invites the High Commissioner to give an oral update on the human
rights impact of the COVID-19 pandemic to the Human Rights Council at its forty-
fourth session following the presentation of her annual report, and an oral update at
its forty-fifth session to be followed by an enhanced interactive dialogue;
6. Decides to remain seized of the matter.”

108 www.ohchr.org/EN/NewsEvents/Pages/COVID19Guidance.aspx.
109 www.un.org/sites/un2.un.org/files/un_policy_brief_on_human_rights_and_covid_ 23_april_2020.pdf.

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V. Forty-fourth session

A. Resolutions

44/1. Situation of human rights in Eritrea

The Human Rights Council,


Guided by the Charter of the United Nations, the Universal Declaration of Human
Rights, the International Covenants on Human Rights and other relevant international human
rights instruments,
Recalling General Assembly resolution 60/251 of 15 March 2006, Human Rights
Council resolutions 5/1 and 5/2, both of 18 June 2007, resolution 91 and decisions 250/2002,
275/2003 and 428/12 of the African Commission on Human and Peoples’ Rights and all
previous Council resolutions on the situation of human rights in Eritrea,
Recalling also the important regional developments in recent years and the potential
they bear for the development of human rights in Eritrea,
Welcoming the commitment of the Government of Eritrea to the Sustainable
Development Goals, and its participation in the third cycle of the universal periodic review
on 28 January 2019 110 and in the human rights dialogue with the Committee on the
Elimination of Discrimination against Women on 14 February 2020, 111
Welcoming also the report of the Special Rapporteur on the situation of human rights
in Eritrea 112 and her conclusions,
1. Requests the Office of the United Nations High Commissioner for Human
Rights to present an oral update to the Human Rights Council at its forty-sixth session on
progress made in the cooperation between Eritrea and the Office of the High Commissioner,
and its impact on the situation of human rights in Eritrea;
2. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights in Eritrea for a further period of one year, and to continue to assess and report
on the situation of human rights in follow-up to the report of the Special Rapporteur, and
requests the Special Rapporteur to present an oral update to the Human Rights Council at its
forty-sixth session during an interactive dialogue, and to present during an interactive
dialogue a report on the implementation of the mandate to the Council at its forty-seventh
session and to the General Assembly at its seventy-fifth session;
3. Calls upon the Government of Eritrea to cooperate fully with the Special
Rapporteur, including by granting the mandate holder access to the country and committing
to making progress on the proposed benchmarks; 113
4. Requests the Secretary-General to provide the Special Rapporteur with all the
information and resources necessary to fulfil the mandate;
5. Decides to remain seized of the matter.
27th meeting
16 July 2020
[Adopted by a recorded vote of 24 to 10, with 13 abstentions. The voting was as follows:
In favour:
Afghanistan, Argentina, Armenia, Australia, Austria, Brazil, Bulgaria, Chile,
Czechia, Denmark, Fiji, Germany, Italy, Japan, Marshall Islands, Mexico,

110 A/HRC/41/14.
111 See CEDAW/C/ERI/CO/6.
112 A/HRC/44/23.
113 A/HRC/41/53, paras. 75–81.


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Netherlands, Peru, Poland, Republic of Korea, Slovakia, Spain, Ukraine and


Uruguay
Against:
Bahrain, Cameroon, Eritrea, India, Libya, Pakistan, Philippines, Somalia,
Sudan and Venezuela (Bolivarian Republic of)
Abstaining:
Angola, Bahamas, Bangladesh, Burkina Faso, Democratic Republic of the
Congo, Indonesia, Mauritania, Namibia, Nepal, Nigeria, Qatar, Senegal and
Togo]

44/2. The central role of the State in responding to pandemics and


other health emergencies, and the socioeconomic
consequences thereof in advancing sustainable development
and the realization of all human rights

The Human Rights Council,


Guided by the purposes and principles of the Charter of the United Nations,
Recalling that one of the purposes of the United Nations is to achieve international
cooperation in solving international problems of an economic, social, cultural or
humanitarian character, and in promoting and encouraging respect for human rights and for
fundamental freedoms for all without distinction of any kind,
Guided by the Universal Declaration of Human Rights as a common standard of
achievement for all peoples and all nations,
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,
Recalling also General Assembly resolution 74/270 of 2 April 2020, on global
solidarity to fight the coronavirus disease 2019 (COVID-19), and 74/274 of 20 April 2020,
on international cooperation to ensure global access to medicines, vaccines and medical
equipment to face COVID-19, and President’s statement PRST 43/1 of 29 May 2020 on the
human rights implications of the COVID-19 pandemic,
Expressing its solidarity to all countries affected by the pandemic, as well as its
condolences and sympathy to all families of the victims of COVID-19,
Reaffirming that each State should take steps, individually and through international
assistance and cooperation, especially economic and technical, to the maximum of its
available resources with a view to achieving progressively the full realization of the rights
recognized in the International Covenant on Economic, Social and Cultural Rights by all
appropriate means, including in particular the adoption of legislative measures,
Recalling the Vienna Declaration and Programme of Action, which affirms 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 that, 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,
Reaffirming the right of everyone to the enjoyment of the highest attainable standard
of physical and mental health, which requires States to take the necessary steps to prevent,
treat and control epidemic, endemic, occupational and other diseases, and to create the
conditions that would assure medical service and medical attention to all in the event of
sickness,
Recalling that States emphasized in the Vienna Declaration and Programme of Action
and the 2005 World Summit Outcome that they bear the responsibility, in conformity with

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the Charter, to develop and encourage respect for human rights and fundamental freedoms
for all without distinction of any kind such as race, colour, sex, language, disability, religion,
political or other opinion, national or social origin, property, birth or other status,
Reaffirming that the 2030 Agenda for Sustainable Development 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, international human rights treaties,
the United Nations Millennium Declaration and the 2005 World Summit Outcome, and is
informed by other instruments, such as the Declaration on the Right to Development,
Deeply concerned at the morbidity and mortality caused by the COVID-19 pandemic,
the negative impact on the enjoyment of all human rights, including physical and mental
health and social well-being, the negative impact on the economy and society and the
consequent exacerbation of inequalities within and between countries,
Recognizing that the poor and the most vulnerable people are the most affected, and
that the impact of the pandemic will have repercussions on development gains, hampering
progress in the achievement of the Sustainable Development Goals,
Recalling the Declaration on the Right to Development, which recognizes that States
have the right and the duty to formulate appropriate national development policies that are
aimed at the constant improvement of the well-being of the entire population and of all
individuals on the basis of their active, free and meaningful participation in development and
in the fair distribution of the benefits resulting therefrom,
Reaffirming the fundamental role of the United Nations system in coordinating the
global response to control and contain the spread of COVID-19 and in supporting Member
States, and in this regard acknowledging the crucial leading role played by the World Health
Organization,
Emphasizing the importance of human rights in shaping the response to the pandemic,
both for the public health emergency and the broader impact on people’s lives and
livelihoods,
Expressing deep concern at the stigmatization, xenophobia, racism and
discrimination, including racial discrimination, surfacing in the COVID-19 pandemic in
many parts of the world, and stressing the need to combat it,
Recognizing the importance of international cooperation and effective multilateralism
in helping to ensure that all States, in particular developing States, have in place effective
national protective measures, and access to and flow of vital medical supplies, medicines and
vaccines, in order to minimize negative effects in all affected States and to avoid relapses of
the pandemic,
Welcoming the activities carried out by the Office of the United Nations High
Commissioner for Human Rights on the promotion of economic, social and cultural rights,
mainly through technical cooperation, the work of its field offices, its relevant reports to
United Nations bodies, the development of in-house expertise, including on human rights
indicators, and its publications, studies, training and information activities on related issues,
including through new information and communications technology,
Recognizing that the 2030 Agenda has been accepted by all States and is applicable to
all, taking into account different national realities, capacities and levels of development and
respecting national policies and priorities, and that the Sustainable Development Goals and
their targets are universal and involve the entire world, developed and developing States
alike,
1. Underscores the central role of the State in responding to pandemics and other
health emergencies, and the socioeconomic consequences thereof in advancing sustainable
development and the realization of all human rights;
2. Reaffirms the importance of international cooperation, in particular during
times of health emergencies and pandemics, on the basis of mutual respect, in full compliance
with the principles and purposes of the Charter of the United Nations, with full respect for
the sovereignty of States while taking into account national priorities;


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3. Also reaffirms that emergency measures taken by States in response to the


COVID-19 pandemic must be in accordance with States’ obligations under applicable
international human rights law;
4. Stresses the need for States to collaborate with all relevant stakeholders, to take
collective action in response to pandemics and health emergencies, and the socioeconomic
consequences thereof, in advancing sustainable development and the realization of all human
rights;
5. Calls for universal, timely and equitable access to and fair distribution of all
quality, safe, efficacious and affordable essential health technologies and products, including
their components and precursors required in the response to the COVID-19 pandemic as a
global priority, and the urgent removal of unjustified obstacles thereto, in accordance with
the provisions of relevant international treaties, including the provisions of the World Trade
Organization Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS
Agreement) and its flexibilities, as confirmed by the Doha Declaration on the TRIPS
Agreement and Public Health;
6. Emphasizes the importance of timely, equitable and unhindered access to safe,
affordable, effective and quality medicines, vaccines, diagnostics and therapeutics, and other
health products and technologies necessary to ensure an adequate and effective response to
the pandemic, including for the most vulnerable people affected by armed conflict, extreme
poverty, natural disasters or climate change, and of the urgent removal of unjustified
obstacles thereto;
7. Recognizes the role of extensive immunization against COVID-19 as a global
public good for health for preventing, containing and stopping transmission in order to bring
the pandemic to an end once safe, quality, efficacious, effective, accessible and affordable
vaccines are available;
8. Reiterates the critical importance of the means of implementation of the 2030
Agenda for Sustainable Development, while being mindful of the impact of high debt levels
on States’ ability to withstand the impact of the pandemic and other health emergencies, and
the socioeconomic consequences thereof, in advancing sustainable development and the
realization of all human rights;
9. Requests the United Nations High Commissioner for Human Rights, working
within existing efforts across the United Nations system, and in consultation with States, to
conduct a needs assessment, in particular for developing countries, to support their efforts to
promote and protect human rights and fundamental freedoms in responding to pandemics and
other health emergencies, and the socioeconomic consequences thereof, in advancing
sustainable development and the realization of all human rights, and to submit a report
thereon to the Human Rights Council at its forty-seventh session during an interactive
dialogue, and to provide an oral update to the Council at its fiftieth session, also during an
interactive dialogue;
10. Decides to remain seized of the matter.
27th meeting
16 July 2020
[Adopted without a vote.]

44/3. The right to education


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the human right of everyone to education, which is enshrined in, inter
alia, the Universal Declaration of Human Rights, the International Covenant on Economic,
Social and Cultural Rights, the Convention on the Rights of the Child, 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 International Convention on the

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Protection of the Rights of All Migrant Workers and Members of Their Families, the
Convention on the Rights of Persons with Disabilities and the Convention against
Discrimination in Education of the United Nations Educational, Scientific and Cultural
Organization, and other relevant international instruments,
Reaffirming also General Assembly resolution 70/1 of 27 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”, and welcoming
the Sustainable Development Goals, particularly, inter alia, Goal 4 on ensuring inclusive and
equitable quality education and promoting lifelong learning opportunities for all, and its
specific and interlinked targets, and other education-related Goals and targets,
Reaffirming further Human Rights Council resolution 8/4 of 18 June 2008 and all
other Council resolutions on the right to education, the most recent of which is resolution
41/16 of 11 July 2019, and the resolutions adopted by the Commission on Human Rights on
the subject,
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 her or his duties in
accordance with those resolutions and the annexes thereto,
Recognizing the impact of the coronavirus disease (COVID-19) pandemic on the right
to education,
1. Welcomes the work of the Special Rapporteur on the right to education;
2. Takes note of the reports of the Special Rapporteur submitted to the Human
Rights Council at its thirty-eighth, forty-first and forty-fourth sessions 114 and to the General
Assembly at its seventy-second, seventy-third and seventy-fourth sessions; 115
3. Decides to extend the mandate of the Special Rapporteur on the right to
education for a further period of three years;
4. Encourages the Special Rapporteur, in fulfilling the mandate, to continue to
take into account and support the implementation of the education-related Sustainable
Development Goals and targets, the provisions of Human Rights Council resolutions on the
right to education, and a gender perspective;
5. Requests all States to cooperate fully with the Special Rapporteur with a view
to facilitating the performance of her or his tasks, to give due consideration to the
recommendations made by the mandate holder, and to respond favourably to her or his
requests for information and visits;
6. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to continue to provide the Special Rapporteur with all the human and
financial resources necessary for the effective fulfilment of the mandate;
7. Encourages all other relevant stakeholders, including United Nations bodies
and specialized agencies, funds and programmes, other international organizations, regional
human rights mechanisms, national human rights institutions and non-governmental
organizations, to cooperate fully with the Special Rapporteur to enable her or him to fulfil
the mandate;
8. Requests the Special Rapporteur to continue to submit an annual report to the
Human Rights Council and to the General Assembly covering all activities relating to the
mandate with a view to maximizing the benefits of the reporting process;
9. Decides to remain seized of the matter.
27th meeting
16 July 2020
[Adopted without a vote.]

114 A/HRC/38/32 and Add.1, A/HRC/41/37 and A/HRC/44/39 and Adds.1–2.


115 A/72/496, A/73/262 and A/74/243.


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44/4. Trafficking in persons, especially women and children:


strengthening human rights through enhanced protection,
support and empowerment of victims of trafficking,
especially women and children
The Human Rights Council,
Guided by the Charter of the United Nations,
Recalling the Universal Declaration of Human Rights, the International Covenant on
Economic, Social and Cultural Rights and the International Covenant on Civil and Political
Rights,
Reiterating its strong condemnation of trafficking in persons, especially women and
children, which constitutes an offence and a serious threat to human dignity and physical
integrity, human rights and sustainable development,
Recalling all relevant United Nations resolutions, in particular those of the General
Assembly and Human Rights Council, relating to trafficking in persons, especially women
and children,
Reaffirming the principles set forth in relevant human rights instruments and
declarations, including the Convention on the Rights of the Child and the Optional Protocols
thereto on the sale of children, child prostitution and child pornography and on the
involvement of children in armed conflict, and the Convention on the Elimination of All
Forms of Discrimination against Women and the Optional Protocol thereto,
Reaffirming also the United Nations Convention against Transnational Organized
Crime and the Protocols thereto, and reaffirming in particular the Protocol to Prevent,
Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing
the United Nations Convention against Transnational Organized Crime, which has its
twentieth anniversary in 2020,
Reaffirming further the Forced Labour Convention, 1930 (No. 29), and the Protocol
of 2014 thereto, the Worst Forms of Child Labour Convention, 1999 (No. 182), and the
Recommendation on Supplementary Measures for the Effective Suppression of Forced
Labour, 2014 (No. 203), of the International Labour Organization,
Recalling the Domestic Workers Convention, 2011 (No. 189), and the Domestic
Workers Recommendation, 2011 (No. 201), of the International Labour Organization,
Recalling also the adoption by the General Assembly of the 2030 Agenda for
Sustainable Development, and in particular Sustainable Development Goal targets 5.2, 8.7
and 16.2, which aim at eliminating all forms of violence against all women and girls in the
public and private spheres, including trafficking and sexual and other types of exploitation;
taking immediate and effective measures to eradicate forced labour, end modern slavery and
trafficking in persons and secure the prohibition and elimination of the worst forms of child
labour, including recruitment and use of child soldiers, and by 2025 end child labour in all
its forms; and ending abuse, exploitation, trafficking and all forms of violence against and
torture of children,
Noting that supporting rural development and addressing social, economic, political
and other factors that make people vulnerable to trafficking can contribute to minimizing the
risk of trafficking for labour exploitation,
Recalling the decision of the General Assembly, in its resolution 68/192 of 18
December 2013, to declare 30 July World Day against Trafficking in Persons, and recalling
that 2020 is the International Year for the Elimination of Child Labour,
Recalling also the Recommended Principles and Guidelines on Human Rights and
Human Trafficking 116 and the commentary thereon, developed by the Office of the United
Nations High Commissioner for Human Rights,

116 E/2002/68/Add.1.

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Reaffirming that trafficking in persons violates and impairs or nullifies the enjoyment
of human rights and fundamental freedoms, continues to pose a serious challenge to humanity
and requires a concerted international assessment and response and genuine multilateral,
regional and bilateral cooperation among countries of origin, transit and destination for its
eradication,
Recognizing that victims of trafficking in persons are often subject to multiple and
intersecting forms of discrimination and violence, including on the grounds of gender, age,
race, disability, ethnicity, culture and religion, as well as national or social origin or other
status, and that these forms of discrimination may themselves fuel trafficking in persons,
Recognizing also that gender inequality, poverty, forced displacement,
unemployment, lack of socioeconomic opportunities, lack of access to education, gender-
based violence, discrimination and marginalization are some, but not all, of the contributing
factors that make persons, especially women and children, vulnerable to trafficking,
Noting that the availability of regular migration opportunities can be one way to
reduce the risk of persons being trafficked,
Noting with concern that some of the demand fostering sexual exploitation, labour
exploitation and the illegal removal of organs is met by trafficking in persons, and
recognizing that trafficking in persons is fuelled by high profits for traffickers and demand
that fosters all forms of exploitation,
Welcoming in particular the efforts of States, United Nations bodies and agencies and
intergovernmental and non-governmental organizations, as well as of regional and
subregional initiatives, to address the problem of trafficking in persons, especially women
and children, including the Working Group on trafficking in persons established by the
Conference of the Parties to the United Nations Convention against Transnational Organized
Crime and the Protocols thereto, the United Nations Global Plan of Action to Combat
Trafficking in Persons, which has its tenth anniversary in 2020, and the Inter-Agency
Coordination Group against Trafficking in Persons,
Recalling the Guiding Principles on Business and Human Rights, and the duties of
States and the responsibilities of businesses stipulated therein,
Bearing in mind that businesses have a responsibility to respect human rights and to
act with due diligence to prevent trafficking, to establish effective procedures to identify
cases of trafficking and forced and child labour in their operations, including their supply
chains, to ensure that cases are referred to the proper services, and to provide redress to
workers in exploitative situations,
Bearing also in mind that all States have an obligation to exercise due diligence to
prevent trafficking in persons, to investigate instances of trafficking and punish perpetrators,
to support and empower victims and to provide for their protection and access to remedies,
and that not doing so violates and impairs or nullifies the enjoyment of the human rights and
fundamental freedoms of victims,
Welcoming the work of the United Nations High Commissioner for Human Rights on
improving accountability and access to remedy for victims of business-related human rights
abuse,
Convinced of the need to protect and assist all victims of trafficking, with full respect
for the human rights and dignity of the victims,
Concerned by the impact of the coronavirus disease (COVID-19) pandemic, and that
victims of trafficking and groups vulnerable to the risks of trafficking, especially women and
children, are in a particularly vulnerable situation with regard to health crises, as shown by
the pandemic, owing to, inter alia, a heightened risk of lack of access to health care and
services, food security, water and sanitation services and information, and a greater risk of
economic insecurity, unemployment, often difficult adequate housing and living conditions,
of increasing violence and abuses, including domestic violence, and of an environment
conducive to child sexual abuse, including online,


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Recognizing the importance of the work of the Special Rapporteur on trafficking in


persons, especially women and children, in the prevention of trafficking in persons and the
promotion of the global fight against trafficking in persons and in promoting awareness of
and upholding the human rights of victims of trafficking,
1. Urges States to respect, protect and promote the human rights of victims of
trafficking through enhanced protection and empowerment of and support and assistance for
victims of trafficking in persons, especially women and children, by:
(a) Providing protection and effective and adequate gender-responsive and multi-
disciplinary assistance to victims of trafficking and considering also their direct dependants,
on the basis of the specific needs of those persons, including child-appropriate measures,
which must not be made conditional on their cooperation with law enforcement authorities;
(b) Considering enhancing early identification of potential victims of trafficking
upon the identification of vulnerabilities, for example by establishing procedures in places of
first arrival of migrants, refugees and asylum seekers for the identification of indicators of
migrants’ vulnerability, including to trafficking and exploitation, and providing early support
and assistance also to persons at risk of being trafficked;
(c) Fully recognizing victims’ rights and implementing the non-punishment
principle, in accordance with respective national legal systems, by taking all appropriate
measures, including through policies and legislation, to ensure that victims of trafficking are
protected from prosecution or punishment for acts that they have been compelled to commit
as a direct consequence of having been trafficked, and that victims do not suffer from
revictimization as a result of actions taken by government authorities;
(d) Considering developing, in cooperation with civil society, businesses and
relevant stakeholders, long-term inclusion strategies based on innovative skill-acquisition
schemes to empower victims of trafficking and facilitate their access to the labour market, in
line with domestic legal frameworks;
(e) Combating racism, xenophobia and all forms of discrimination based on race,
colour, descent or national or ethnic origin, which increases the vulnerability of persons
affected by trafficking;
(f) Promoting gender-responsive measures to combat and eliminate all forms of
trafficking in women and children, including for sexual and economic exploitation, and
taking into account the specific needs of women and girls and their participation in and
contribution to all phases of preventing and responding to trafficking, especially in
addressing sexual exploitation;
(g) Adopting appropriate measures to address, especially in the field of education
and awareness-raising, discriminatory approaches and social norms that increase women’s
and girls’ vulnerabilities to trafficking, including by addressing sexual and domestic violence
and other forms of violence, and discrimination in access to resources, education and job
opportunities;
(h) Promoting greater synergy between anti-trafficking efforts and those made
under the women, peace and security agenda, especially by addressing the issue of trafficking
in persons and its link with conflict-related sexual violence, and by stressing the key role of
women’s agency and participation;
(i) Taking into consideration the fact that the risk of trafficking is heightened in
humanitarian crisis situations, including in armed conflict, and in post-conflict environments,
natural disasters and other emergency environments, and calling upon States and the United
Nations to take measures to end the recruitment and use of child soldiers;
(j) Addressing the specific needs and vulnerability to trafficking of children by
considering the best interests of the child in all measures and decisions affecting children and
by promoting education and preventing and combating child labour and trafficking in
children;
(k) Fully recognizing that, while technology is frequently misused to facilitate
trafficking in persons, its use can also help to fight trafficking and in providing services to

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victims, particularly relevant in the COVID-19 context as the pandemic has increased the use
of digital technologies;
(l) Ensuring victims’ right to privacy;
(m) Further developing ways to protect victims of trafficking in persons for the
purpose of organ removal and to address their vulnerability, including by providing medical
and psychosocial care and services to victims and by adopting the measures necessary to
protect the rights and interests of victims in all phases of criminal prosecution and judicial
proceedings, and to ensure accountability;
(n) Addressing the root causes of forced displacement, including human rights
violations and discriminatory practices, and thus reducing vulnerability to trafficking in
persons;
2. Urges States to prevent and to fight trafficking in persons, especially women
and children, for the purpose of all forms of exploitation, and to address labour exploitation,
including by:
(a) Promoting consistent, whole-of-society action involving civil society, the
private sector, trade unions and other relevant stakeholders in the field of economic and social
development, as well as the labour market;
(b) Considering obligations for companies to ensure that they practice ethical
recruitment and identify, analyse and prevent or mitigate the risks of trafficking resulting
from business activities and from the activities of subcontractors and suppliers, and to
incentivize human rights due diligence;
(c) Considering adopting procedures or models regarding good practices in
transparency in supply chains with a view to disrupt and dismantle criminal business models;
(d) Taking concrete measures to fully understand, comprehensively address and
fight against all types of trafficking;
3. Calls upon States to further prevent and to fight trafficking in persons, to
address the root causes of trafficking and to promote the social inclusion of victims of
trafficking by ensuring their right to an effective remedy, by, inter alia:
(a) Ensuring access to effective remedies, including in the context of business
activities and supply chains, and coordination between operational grievance mechanisms
and State-based grievance and assistance mechanisms and remedies;
(b) Promoting and making available adequate, effective and appropriate remedies,
including reparation, for victims of trafficking, as provided for under international law;
(c) Promoting the protection of victims and witnesses of trafficking in persons and
the establishment of mechanisms to facilitate, where appropriate, the participation of victims
in judicial proceedings;
(d) Ensuring for victims and their family members access to justice and safe
reporting, and providing trafficked persons with appropriate, relevant and understandable
information on their rights, including the right to a remedy, the mechanisms and procedures
available to exercise these rights, and on how and where to obtain legal and other necessary
assistance;
4. Also calls upon States to intensify their efforts to address, with a view to
eliminating, the demand that fosters trafficking in women and children for all forms of
exploitation, and in this regard to take or to enhance preventive measures, including
legislative and punitive measures, to deter exploiters of trafficked persons, and to ensure their
accountability;
5. Further calls upon States to adopt measures aimed to prevent trafficking in
persons and to protect victims of trafficking, especially women and children, in their
responses to the COVID-19 pandemic, with a view to ensuring, inter alia, access to health
care and services, adequate water and sanitation services, adequate and safe accommodation
and access to information, and to ensuring the continuity and extension of existing support
programmes for victims of trafficking;


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6. Strongly encourages States to refer to the Recommended Principles and


Guidelines on Human Rights and Human Trafficking as a useful tool in integrating a human
rights-based approach into their responses to fight trafficking in persons;
7. Urges States that have not yet done so to consider ratifying or acceding to, as
a matter of priority, the United Nations Convention against Transnational Organized Crime
and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women
and Children, supplementing the United Nations Convention against Transnational
Organized Crime and the Protocol against the Smuggling of Migrants by Land, Sea and Air
in order to encourage Governments to adopt an integrated strategy to better address the
complex and very often interrelated components of these modalities of organized crime,
namely trafficking in persons and migrant smuggling, taking into consideration the central
role of those instruments in the fight against trafficking in persons, and urges States parties
to those instruments to implement them fully and effectively;
8. Urges States, the United Nations and other international, regional and
subregional organizations, as well as civil society, including non-governmental
organizations, the private sector and the media, to implement fully and effectively the
relevant provisions of the United Nations Global Plan of Action to Combat Trafficking in
Persons and to carry out the activities outlined therein;
9. Encourages States to enhance bilateral, multilateral and/or regional forms of
cooperation between States of origin, transit and reception that are effective in preventing
and fighting trafficking in persons, and to devise regional communication strategies against
trafficking in persons by building on existing cooperation mechanisms through which
information and good practices in matters of prevention are shared;
10. Also encourages States to carry out information and awareness-raising
campaigns to alert potential victims, both national and foreign, to the risks of falling into the
hands of human trafficking criminal organizations and to inform potential or actual victims
of trafficking of existing support programmes;
11. Invites States and other interested parties to make further voluntary
contributions to the United Nations Voluntary Trust Fund on Contemporary Forms of Slavery
and the United Nations Voluntary Trust Fund for Victims of Trafficking in Persons,
Especially Women and Children;
12. Welcomes the work of the Special Rapporteur on trafficking in persons,
especially women and children, in the promotion of the global fight against trafficking in
persons;
13. Takes note with appreciation of the thematic reports of the Special Rapporteur;
14. Decides to extend the mandate of the Special Rapporteur on trafficking in
persons, especially women and children, for a period of three years;
15. Urges all Governments to cooperate fully with the Special Rapporteur and to
respond favourably to her requests to visit their countries, to provide her with all necessary
information related to the mandate and to react promptly to her communications and urgent
appeals in order to enable her to fulfil the mandate effectively;
16. Underlines the importance that the Special Rapporteur continue to participate
in relevant international and regional forums and events, including on migration, with a view
to combating trafficking and to upholding the human rights of victims of trafficking in
persons, especially women and children;
17. Requests the United Nations High Commissioner for Human Rights to ensure
that the Special Rapporteur receives the resources necessary to enable the mandate holder to
discharge the mandate fully;

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18. Decides to continue its consideration of the issue of trafficking in persons,


especially women and children.
27th meeting
16 July 2020
[Adopted without a vote.]

44/5. Mandate of the Special Rapporteur on extrajudicial,


summary or arbitrary executions
The Human Rights Council,
Recalling the Universal Declaration of Human Rights, which guarantees the right to
life, liberty and security of person, and the relevant provisions of the International Covenant
on Civil and Political Rights,
Having regard to the legal framework of the mandate of the Special Rapporteur on
extrajudicial, summary or arbitrary executions, including the provisions contained in
Commission on Human Rights resolution 1992/72 of 5 March 1992 and General Assembly
resolution 47/136 of 18 December 1992,
Welcoming the universal ratification of the Geneva Conventions of 12 August 1949,
which alongside human rights law provide an important framework of accountability in
relation to extrajudicial, summary or arbitrary executions,
Bearing in mind paragraph 6 of General Assembly resolution 60/251 of 15 March
2006,
Recalling 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 his or her
duties in accordance with those resolutions and the annexes thereto,
Mindful of all relevant General Assembly, Human Rights Council and Commission
on Human Rights resolutions on extrajudicial, summary or arbitrary executions, in particular
Commission resolution 2004/37 of 19 April 2004, Council resolutions 8/3 of 18 June 2008,
17/5 of 16 June 2011, 26/12 of 26 June 2014 and 35/15 of 22 June 2017, and Assembly
resolutions 61/173 of 19 December 2006, 65/208 of 21 December 2010, 67/168 of 20
December 2012, 69/182 of 18 December 2014, 71/198 of 19 December 2016 and 73/172 of
17 December 2018,
Acknowledging that extrajudicial, summary or arbitrary executions are crimes under
the Rome Statute of the International Criminal Court,
Convinced of the need for effective action to combat and eliminate the abhorrent
practice of extrajudicial, summary or arbitrary executions, which represent a flagrant
violation of the inherent right to life,
Dismayed that, in a number of countries, impunity, the negation of justice, continues
to prevail and often remains the main cause of the continued occurrence of extrajudicial,
summary or arbitrary executions,
1. Strongly condemns once again all extrajudicial, summary or arbitrary
executions, in all their forms, that continue to take place throughout the world;
2. Acknowledges the importance of relevant special procedures of the Human
Rights Council, in particular the Special Rapporteur on extrajudicial, summary or arbitrary
executions, in their key role as early warning mechanisms in preventing the crime of
genocide, crimes against humanity and war crimes, and encourages the relevant special
procedures, within their mandates, to cooperate towards this end;
3. Demands that all States ensure that the practice of extrajudicial, summary or
arbitrary executions is brought to an end and that they take effective action to combat and
eliminate the phenomenon in all its forms;


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4. Reiterates the obligation of all States to conduct exhaustive and impartial


investigations into all suspected cases of extrajudicial, summary or arbitrary executions, to
identify and to bring to justice those responsible, while ensuring the right of every person to
a fair and public hearing by a competent, independent and impartial tribunal established by
law, to grant adequate compensation within a reasonable time to the victims or their families
and to adopt all necessary measures, including legal and judicial measures, in order to bring
an end to impunity and to prevent the recurrence of such executions, as stated in the Principles
on the Effective Prevention and Investigation of Extralegal, Arbitrary and Summary
Executions;
5. Welcomes the work of the Special Rapporteur on extrajudicial, summary or
arbitrary executions, and notes the thematic reports presented to the Human Rights Council
during the mandate on armed non-State actors and the protection of the right to life, 117 on
investigation of, accountability for and prevention of intentional State killings of human
rights defenders, journalists and prominent dissidents, 118 and on extrajudicial, summary or
arbitrary executions, 119 and invites States to give due consideration to the conclusions and
recommendations given therein;
6. Commends the important role that the Special Rapporteur plays towards
eliminating extrajudicial, summary or arbitrary executions, and encourages the Special
Rapporteur to continue, within the framework of the mandate, to collect information from all
concerned, to respond effectively to information that comes before him or her, to follow up
on communications and country visits and to seek the views and comments of Governments
and to reflect them, as appropriate, in the elaboration of his or her reports;
7. Requests the Special Rapporteur, in carrying out the mandate:
(a) To continue to examine situations of extrajudicial, summary or arbitrary
executions in all circumstances and for whatever reason, and to submit his or her findings on
an annual basis, together with conclusions and recommendations, to the Human Rights
Council and the General Assembly, and to draw the attention of the Council to serious
situations of extrajudicial, summary or arbitrary executions that warrant immediate attention
or where early action might prevent further deterioration;
(b) To continue to draw the attention of the United Nations High Commissioner
for Human Rights to serious situations of extrajudicial, summary or arbitrary executions that
warrant immediate attention or where early action might prevent further deterioration;
(c) To respond effectively to information that comes before him or her, in
particular when an extrajudicial, summary or arbitrary execution is imminent or threatened
or when such an execution has occurred;
(d) To enhance further his or her dialogue with Governments, and to follow up on
recommendations made in reports after visits to particular countries;
(e) To continue to monitor the implementation of existing international standards
on safeguards and restrictions relating to the imposition of capital punishment, bearing in
mind the comments made by the Human Rights Committee in its interpretation of article 6
of the International Covenant on Civil and Political Rights, and the Second Optional Protocol
thereto;
(f) To apply a gender perspective in his or her work;
8. Urges States:
(a) To cooperate with and assist the Special Rapporteur in the performance of his
or her tasks, to supply all necessary information requested by him or her and to react
appropriately and expeditiously to his or her urgent appeals, and those Governments that have
not yet responded to communications transmitted to them by the Special Rapporteur to do so
without further delay;

117 A/HRC/38/44.
118 A/HRC/41/36.
119 A/HRC/44/38.

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(b) To give serious consideration to responding favourably to the Special


Rapporteur’s requests to visit their countries;
(c) To ensure appropriate follow-up to the recommendations and conclusions of
the Special Rapporteur, including by providing information to the Special Rapporteur on the
actions taken on those recommendations;
9. Welcomes the cooperation established between the Special Rapporteur and
other United Nations mechanisms and procedures in the field of human rights, and
encourages the Special Rapporteur to continue efforts in that regard;
10. Requests the Secretary-General to provide the Special Rapporteur with
adequate human, financial and material resources in order to enable him or her to carry out
the mandate effectively, including through country visits;
11. Decides to extend the mandate of the Special Rapporteur on extrajudicial,
summary or arbitrary executions for three years;
12. Also decides to continue to consider this matter in conformity with its
programme of work.
27th meeting
16 July 2020
[Adopted without a vote.]

44/6. Elimination of discrimination against persons affected by


leprosy and their family members

The Human Rights Council,


Guided by the purposes, principles and provisions of the Charter of the United
Nations,
Guided also by the Universal Declaration of Human Rights, and recalling relevant
international human rights instruments, including the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and Political Rights, the
Convention on the Rights of Persons with Disabilities, the Convention on the Elimination of
All Forms of Discrimination against Women, the Convention on the Rights of the Child and
the International Convention on the Elimination of All Forms of Racial Discrimination,
Welcoming the work and taking note of the reports of the Special Rapporteur on the
elimination of discrimination against persons affected by leprosy and their family members
submitted to the Human Rights Council, 120 and the recommendations made therein,
Recalling Human Rights Council 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,
Recalling also its resolutions 8/13 of 18 June 2008, 12/7 of 1 October 2009, 15/10 of
30 September 2010, 29/5 of 2 July 2015 and 35/9 of 22 June 2017, and General Assembly
resolution 65/215 of 21 December 2010,
Recalling further the universality, indivisibility, interdependence and interrelatedness
of all human rights and fundamental freedoms,
Recalling the Global Leprosy Strategy 2016–2020 of the World Health Organization,
and sharing the common aspiration to accelerate towards a leprosy-free world,
Recalling also that leprosy is curable and that the human rights of persons with leprosy
could be better protected by treatment provided in the early stages, which can prevent
disability,

120 A/HRC/38/42, A/HRC/41/47 and A/HRC/44/46 and Adds.1–2.


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Deeply concerned that, in various parts of the world, persons affected by leprosy and
their family members have faced and continue to face barriers to their participation as equal
members of society, including isolation, discrimination and violations and abuses of their
human rights, which put them in a situation of vulnerability, and conscious that greater
attention is needed to address these challenges,
Reaffirming that persons affected by leprosy and their family members, including
women and children, should be treated with dignity and are entitled to the enjoyment of all
human rights and fundamental freedoms under customary international law, relevant
conventions and national constitutions and laws,
Recognizing that persons affected by leprosy and their family members still face
multiple forms of prejudice and discrimination stemming from misinformation about and
misunderstanding of the disease throughout the world,
Recognizing also that specific attention is needed to address all forms of
discrimination against persons affected by leprosy and their family members,
Bearing in mind the need to intensify efforts to eliminate all forms of prejudice and
discrimination against persons affected by leprosy and their family members and to promote
policies facilitating their inclusion throughout the world,
Stressing the importance of implementing the principles and guidelines for the
elimination of discrimination against persons affected by leprosy and their family members,
submitted by the Advisory Committee in 2010, 121 to which Governments, relevant United
Nations bodies, specialized agencies, funds and programmes, other intergovernmental
organizations and national human rights institutions were encouraged to give due
consideration in Council resolution 15/10 and General Assembly resolution 65/215,
Recalling the final report of the Advisory Committee, submitted pursuant to Human
Rights Council resolution 29/5, and the recommendations contained therein, 122
1. Welcomes the work of the Special Rapporteur on the elimination of
discrimination against persons affected by leprosy and their family members;
2. Decides to extend the mandate of the Special Rapporteur on the elimination of
discrimination against persons affected by leprosy and their family members for a period of
three years, with the following mandate:
(a) To follow up and report on progress made and measures taken by States for
the effective implementation of the principles and guidelines for the elimination of
discrimination against persons affected by leprosy and their family members121 for the
realization of the enjoyment of human rights by persons affected by leprosy and their family
members in all regions of the world, and to make recommendations to the Human Rights
Council in this regard;
(b) To engage in dialogue and consult with States and other relevant stakeholders,
including United Nations bodies, specialized agencies, funds and programmes, in particular
the World Health Organization, other intergovernmental organizations, regional human
rights mechanisms, national human rights institutions and non-governmental organizations
to identify, exchange and promote good practices relating to the realization of the rights of
persons affected by leprosy and their family members, and to their participation as equal
members of society with a view to achieving a leprosy-free world;
(c) To raise awareness of the rights of persons affected by leprosy and their family
members and to combat stigmas, prejudices, discrimination and harmful traditional practices
and beliefs that hinder their enjoyment of human rights and fundamental freedoms and their
participation in society on an equal basis with others;
(d) To continue to report annually to the Human Rights Council, and to report also
to the General Assembly, starting from its seventy-sixth session;

121 A/HRC/15/30, annex.


122 A/HRC/35/38.

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3. Calls upon all States to cooperate with the Special Rapporteur in the discharge
of the mandate, including by providing all information requested, to give serious
consideration to responding favourably to the requests of the Special Rapporteur to visit their
countries, and to consider implementing the recommendations made in the reports of the
mandate holder;
4. Encourages all relevant stakeholders, including United Nations bodies,
specialized agencies, funds and programmes, other international organizations, regional
human rights mechanisms, national human rights institutions and non-governmental
organizations to cooperate fully with the Special Rapporteur to enable him or her to fulfil the
mandate;
5. 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 resources necessary for the effective fulfilment of the mandate;
6. Encourages the High Commissioner and the Special Rapporteur, in
collaboration with States and with relevant international organizations, such as the World
Health Organization, as well as concerned non-governmental organizations, to continue
consultations with different stakeholders aimed at eliminating leprosy-related discrimination,
including by widely disseminating the principles and guidelines and deepening the
understanding of them among States and all other concerned stakeholders, with the
meaningful participation of persons affected by leprosy and their family members;
7. Encourages States, all relevant stakeholders, including United Nations bodies,
specialized agencies, funds and programmes, such as the World Health Organization, the
special procedures, other international organizations, regional human rights mechanisms,
national human rights institutions and non-governmental organizations, to participate in the
consultations;
8. Decides to remain seized of the matter.
27th meeting
16 July 2020
[Adopted without a vote.]

44/7. Human rights and climate change


The Human Rights Council,
Guided by the Charter of the United Nations, and 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 Convention on the Rights
of Persons with Disabilities, the Convention on the Rights of the Child, the Convention on
the Elimination of All Forms of Discrimination against Women and the Vienna Declaration
and Programme of Action,
Recalling the 2030 Agenda for Sustainable Development and its commitment to leave
no one behind, including, inter alia, its Goal 13 on taking urgent action to combat climate
change and its impacts,
Reaffirming the Addis Ababa Action Agenda as an integral part of the 2030 Agenda,
Reaffirming also that all human rights are universal, indivisible, interdependent and
interrelated,
Recalling all previous Human Rights Council resolutions on human rights and climate
change,
Reaffirming the United Nations Framework Convention on Climate Change and the
objectives and principles thereof, and emphasizing that parties should, in all climate change-
related actions, fully respect, promote and consider their respective obligations on human
rights,


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Recalling that the Paris Agreement adopted under the United Nations Framework
Convention on Climate Change 123 acknowledges that climate change is a common concern
of humankind and that parties should, when taking action to address climate change, respect,
promote and consider their respective obligations on human rights, the right to health, the
rights of indigenous peoples, local communities, migrants, children, persons with disabilities
and people in vulnerable situations, and the right to development, as well as gender equality,
the empowerment of women and intergenerational equity,
Reaffirming the commitment to realize the full, effective and sustained
implementation of the United Nations Framework Convention on Climate Change and the
Paris Agreement adopted under the Convention, including in the context of sustainable
development and efforts to eradicate poverty, in order to achieve the ultimate objective of the
Convention,
Stressing the importance of holding the increase in the global average temperature to
well below 2°C above pre-industrial levels and of pursuing efforts to limit the temperature
increase to 1.5°C above pre-industrial levels, while recognizing that this would significantly
reduce the risks and impact of climate change,
Acknowledging that, as stated in the United Nations Framework Convention on
Climate Change, the global nature of climate change calls for the widest possible cooperation
by all countries and their participation in an effective and appropriate international response,
in accordance with their common but differentiated responsibilities and respective
capabilities and their social and economic conditions, and acknowledging also that article 2,
paragraph 2 of the Paris Agreement states that the Agreement will be implemented to reflect
equity and the principle of common but differentiated responsibilities and respective
capabilities, in the light of different national circumstances,
Noting the importance of the work of the scientific community and the
Intergovernmental Panel on Climate Change, including its assessment reports and special
reports, in support of strengthening the global response to climate change, including
considering the human dimension, and indigenous peoples’ and local communities’
knowledge,
Acknowledging that, as stated in the United Nations Framework Convention on
Climate Change, responses to climate change should be coordinated with social and
economic development in an integrated manner with a view to avoiding an adverse impact
on the latter, taking into full account the legitimate priority needs of developing countries for
the achievement of sustained economic growth and the eradication of poverty,
Recognizing that poverty in all its forms and dimensions, including extreme poverty,
is one of the greatest global challenges, and that poverty eradication is critical to the
implementation of the Sustainable Development Goals, climate change resilience and the
promotion and protection of human rights, including the rights of older persons who are
disproportionately affected by the negative impact of climate change,
Recalling the commemoration of the International Day of Older Persons in October
2019, with the theme “The journey to age equality”, which emphasized the importance of
reducing inequality in line with Sustainable Development Goal 10,
Recalling also the First and Second World Assemblies on Ageing, as well as the
Madrid International Plan of Action on Ageing and the Political Declaration,
Commemorating the twenty-fifth anniversary of the Beijing Declaration and Platform
for Action on the rights of women, and stressing the importance of the participation of
women, including older women, and girls in climate action,
Stressing that human rights obligations, standards and principles have the potential to
inform and strengthen international, regional and national policymaking in the area of climate
change, thereby promoting policy coherence, legitimacy and sustainable outcomes,

123 See FCCC/CP/2015/10/Add.1, decision 1/CP.21, annex.

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Emphasizing that the adverse effects of climate change have a range of implications,
which can increase with greater global warming, both direct and indirect, for the effective
enjoyment of human rights, including, inter alia, the right to life, the right to adequate food,
the right to the enjoyment of the highest attainable standard of physical and mental health,
the right to adequate housing, the right to self-determination, the rights to safe drinking water
and sanitation, the right to work and the right to development, and recalling that in no case
may a people be deprived of its own means of subsistence,
Recognizing that climate change poses an existential threat for some countries and
recognizing also that it has already had an adverse impact on the full and effective enjoyment
of the human rights enshrined in the Universal Declaration of Human Rights and other
international human rights instruments,
Expressing concern that, while these implications affect individuals and communities
around the world, the adverse effects of climate change are felt most acutely by those
segments of the population that are already in vulnerable situations owing to factors such as
geography, poverty, gender, age, indigenous or minority status where applicable, national or
social origin, birth or other status and disability,
Recognizing that climate change, and biodiversity loss and other types of
environmental degradation, put added pressure on the environment that may in turn
exacerbate disease emergence and increase the impact of pandemics, including the spread of
diseases, thereby increasing the risk of exposure of the most vulnerable segments of society,
inter alia, older persons, especially older persons with disabilities or chronic illnesses, to the
combined negative effects and consequences of these phenomena, and put added strain on
health systems, particularly those of developing economies,
Acknowledging the efforts of States to determine the best way to strengthen the
protection of the human rights of older persons, while taking note of the various proposals
that have been made within the Open-ended Working Group on Ageing, 124
Welcoming the work of the Independent Expert on the enjoyment of all human rights
by older persons,
Stressing the particular vulnerabilities of older persons, including older women and
older persons with disabilities, exposed by the implications of climate change, including their
increased susceptibility to diseases, heat stress, reduced mobility, social exclusion and
reduced physical, emotional and financial resilience, as well as the need for measures to
address their specific needs and to ensure their participation in disaster response planning for
emergency situations and evacuations, humanitarian emergency response, and health-care
services, as appropriate,
Expressing concern at the adverse impact of climate change on individuals with
multiple vulnerability factors, including older persons, particularly women and those with
disabilities and/or pre-existing conditions, and recognizing that older persons are among the
most adversely affected in an emergency, as has be seen during the coronavirus disease
(COVID-19) pandemic, sustaining disproportionately higher rates of morbidity and
mortality, while at the same time being among those least able to have access to emergency
support and health services,
Recalling the call for solidarity by the Secretary-General in the face of the COVID-
19 pandemic, 125 and welcoming his release of a policy brief on the impact of COVID-19 on
older persons, 126 that recommends, among other actions, ensuring the meaningful
participation of older persons in decision-making processes that affect their lives,
Emphasizing that sudden-onset natural disasters and slow-onset events seriously
affect the access of vulnerable segments of society, including older persons, to food and
nutrition, safe drinking water and sanitation, health-care services and medicines, social

124 A/AC.278/2019/2.
125 UN News, “UN chief calls for ‘solidarity, unity and hope’ in battling COVID-19 pandemic”, 30 April
2020.
126 United Nations, “Policy brief: the impact of COVID-19 on older persons”, May 2020.


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protection, education and training, adequate housing, transportation and access to decent
work,
Reaffirming the need for the continuing implementation of the Sendai Framework for
Disaster Risk Reduction 2015–2030, adopted at the Third United Nations World Conference
on Disaster Risk Reduction, and its references to human rights, as well as to older persons as
key stakeholders in disaster risk reduction,
Recognizing the need for ensuring meaningful participation, inclusion and leadership
of older persons and their representative organizations within disaster risk management,
emergency relief efforts and climate-related decision-making and in the design of policies,
plans and mechanisms at the community, local, national, regional and global levels,
Expressing concern that developing countries, particularly least developed countries
and small island developing States, lacking the resources to implement their adaptation plans
and programmes of action and effective adaptation strategies, may suffer from higher
exposure to extreme weather events in both rural and urban areas,
Taking into account the imperatives of a just transition of the workforce and the
creation of decent work and quality jobs in accordance with nationally defined development
priorities,
Emphasizing the importance of implementing the commitments undertaken under the
United Nations Framework Convention on Climate Change on mitigation, adaptation and the
provision and mobilization of finance, technology transfer and capacity-building to
developing countries, and emphasizing also that realizing the goals of the Paris Agreement
would enhance the implementation of the Convention and ensure the greatest possible
adaptation and mitigation efforts in order to minimize the adverse impact of climate change
on present and future generations,
Urging States that have not already ratified the Paris Agreement and the Doha
Amendment to the Kyoto Protocol to do so,
Welcoming the twenty-fifth session of the Conference of the Parties to the United
Nations Framework Convention on Climate Change held in Madrid in December 2019 under
the presidency of Chile, and taking note of the Katowice climate package agreed at the
twenty-fourth session of the Conference of the Parties, held in Katowice, Poland, in
December 2018 in connection with the Paris Agreement,
Noting the announcements and commitments made by Governments and by private
sector leaders at the Climate Action Summit held on 23 September 2019 in New York,
including the call to action for resilience and adaptation, and recognizing that the global
nature of climate change calls for the widest possible international cooperation to address the
adverse impact of climate change, to which vulnerable segments, including older persons,
are particularly at risk,
Noting also the importance of some elements of the concept of “climate justice” when
taking action to address climate change,
Noting with appreciation the continued efforts of the United Nations High
Commissioner for Human Rights in highlighting the need to respond to the global challenge
of climate change, including by reaffirming the commitments to ensure effective climate
action while advocating for the promotion and protection of human rights for all, including
older persons,
Welcoming the convening of a panel discussion on persons with disabilities, and
looking forward to the summary report on the discussion to be prepared by the Office of the
United Nations High Commissioner for Human Rights,
Noting the analytical study on the rights of persons with disabilities in the context of
climate change prepared by the Office of the High Commissioner pursuant to Human Rights
Council resolution 41/21 of 12 July 2019,
Noting also that the human rights obligations and responsibilities as enshrined in the
relevant international human rights instruments provide roles for States and other duty
bearers, including businesses, to promote, protect and respect, as would be appropriate,

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human rights, including those of older persons, when taking action to address the adverse
effects of climate change,
Taking note with appreciation of the reports of the Special Rapporteur on the issue of
human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable
environment, focusing on climate change and human rights 127 and on air pollution and human
rights, 128 the report of the Special Rapporteur on extreme poverty and human rights, relating
to climate change and poverty, 129 the report of the Special Rapporteur on the right to food,
focusing on the right to food in the context of natural disasters, 130 and the report of the
Independent Expert on the enjoyment of all human rights by older persons, on the human
rights of older persons in emergency situations, 131
Welcoming the work of the Climate Vulnerable Forum, which asserts that climate
change is a major threat to the enjoyment of human rights and fundamental freedoms,
Noting the importance of facilitating meaningful interaction between the human rights
and climate change communities at both the national and international levels in order to build
capacity to deliver responses to climate change that respect and promote human rights, taking
into account the Geneva Pledge for Human Rights in Climate Action and other similar efforts,
Noting also the establishment and work of regional, subregional and other initiatives,
such as the SIDS Accelerated Modalities of Action (SAMOA) Pathway 132 on addressing the
adverse impact of climate change,
1. Expresses concern that climate change has contributed and continues to
contribute to the increased frequency and intensity of both sudden-onset natural disasters and
slow-onset events, and that these adversely affect the full enjoyment of all human rights;
2. Emphasizes the urgent importance of continuing to address, as they relate to
States’ human rights obligations, the adverse consequences of climate change for all,
particularly in developing countries and for the people whose situation is most vulnerable to
climate change;
3. Calls upon States to consider, among other aspects, human rights within the
framework of the United Nations Framework Convention on Climate Change;
4. Calls upon all States to adopt a comprehensive, integrated, gender-responsive,
age-inclusive and disability-inclusive approach to climate change adaptation and mitigation
policies, consistent with the United Nations Framework Convention on Climate Change and
the objective and principles thereof, to address efficiently the economic, cultural and social
impact and human rights challenges that climate change presents, for the full and effective
enjoyment of human rights for all, and particularly to support the resilience and adaptive
capacities of older persons, both in rural and urban areas, to respond to the adverse impact of
climate change;
5. Calls upon States to continue and enhance international cooperation and
assistance, in particular in financing, the transfer of technology and capacity-building, for
mitigation and adaptation measures to assist developing countries, especially those that are
particularly vulnerable to the adverse effects of climate change;
6. Also calls upon States to better promote human rights in general and the access
of older persons in particular to livelihoods, food and nutrition, safe drinking water and
sanitation, social protection, health-care services and medicines, education and training,
adequate housing and decent work, clean energy, science and technology, and ensure services
can be adapted to emergency and humanitarian contexts;
7. Further calls upon States to develop, strengthen and implement policies for
the protection of the right of older persons in response to climate change, as appropriate, by,

127 A/HRC/43/53 and A/74/161.


128 A/HRC/40/55.
129 A/HRC/41/39.
130 A/HRC/37/61.
131 A/HRC/42/43.
132 General Assembly resolution 69/15, annex.


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among other actions, the inclusion of their rights, specific risks, needs and capabilities in
climate action plans and other relevant policies or legislation, the mainstreaming of climate
change action into resilient and adaptive social and health care, and the provision of
information on climate change and disaster preparedness response and planning through all
accessible means of communication;
8. Urges States to strengthen and implement policies aimed at promoting the
participation of older persons in the design of policies, plans and mechanisms in climate-
related decision-making and disaster risk reduction and management at the community, local,
national, regional and international levels, including for preparedness, contingency planning,
early warning, evacuation planning, emergency relief, humanitarian response and assistance
arrangements;
9. Decides to incorporate into its programme of work for the forty-seventh
session, on the basis of the different elements contained in the present resolution, a panel
discussion focusing on the adverse impact of climate change on the full and effective
enjoyment of human rights by older persons and best practices and lessons learned in the
promotion and protection of the rights of older persons, and also decides that the panel
discussion will have international sign interpretation and captioning;
10. Invites special procedure mandate holders, within their respective mandates,
and other relevant stakeholders with appropriate expertise, including academic experts, and
civil society organizations, including older persons and their associations, to contribute
actively to the panel discussion;
11. Requests the Office of the United Nations High Commissioner for Human
Rights to submit a summary report on the panel discussion to the Human Rights Council at
its forty-ninth session, and to make the report available in accessible formats, including Plain
Language and Easy-to-Read;
12. Also requests the Office of the High Commissioner, in consultation with and
taking into account the views of States, the special procedures of the Human Rights Council,
including the Independent Expert on the enjoyment of all human rights by older persons, the
Open-ended Working Group on Ageing, the World Health Organization, the United Nations
Environment Programme, the World Meteorological Organization and other relevant
international organizations and intergovernmental bodies, including the Intergovernmental
Panel on Climate Change and the secretariat of the United Nations Framework Convention
on Climate Change, and other stakeholders, to conduct, from within existing resources, a
study on the promotion and protection of the rights of older persons in the context of climate
change, including their particular vulnerabilities, such as physical and mental health risks,
and their contributions to efforts to address the adverse impact of climate change, to be
circulated to States and other stakeholders, including older persons and their associations,
and to be submitted to the Council prior to its forty-seventh session, and further requests the
Office to make the study available in accessible formats, including Plain Language and Easy-
to-Read;
13. Encourages relevant special procedure mandate holders to continue to consider
the issue of climate change and human rights, including the adverse impact of climate change
on the full and effective enjoyment of human rights, particularly the rights of older persons,
within their respective mandates;
14. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide all the human and technical assistance necessary for the
effective and timely realization of the above-mentioned panel discussion and the summary
report thereon;
15. Decides to remain seized of the matter.
27th meeting
16 July 2020
[Adopted without a vote.]

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44/8. Mandate of the Special Rapporteur on the independence of


judges and lawyers
The Human Rights Council,
Recalling all its previous resolutions and decisions, as well as those of the
Commission on Human Rights and the General Assembly, on the independence of the
judiciary and on the integrity of the judicial system,
Convinced that an independent and impartial judiciary, an independent legal
profession, an objective and impartial prosecution able to perform its functions accordingly,
and the integrity of the judicial system are essential prerequisites for the protection of human
rights and fundamental freedoms and the application of the rule of law and for ensuring fair
trials without any discrimination,
Condemning the increasingly frequent attacks on the independence of judges, lawyers,
prosecutors and court officials, in particular threats, intimidation and interference in the
discharge of their professional functions,
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,
1. Commends the Special Rapporteur on the independence of judges and lawyers
for the important work undertaken in the discharge of the mandate;
2. Decides to extend the mandate of the Special Rapporteur on the independence
of judges and lawyers for a period of three years, on the same terms as provided by the Human
Rights Council in its resolution 35/11 of 22 June 2017;
3. Urges all Governments to cooperate with and assist the Special Rapporteur in
the performance of his or her tasks, to provide all necessary information requested by him or
her, to respond to communications transmitted to them by the Special Rapporteur without
undue delay, to consider responding favourably to his or her requests for visits and to consider
implementing his or her recommendations;
4. Encourages the United Nations, including its specialized agencies, as well as
regional organizations, national human rights institutions, independent experts, bar
associations, professional associations of judges and prosecutors, non-governmental
organizations and other relevant stakeholders, to cooperate to the fullest extent possible with
the Special Rapporteur in the fulfilment of his or her mandate;
5. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Special Rapporteur with all the human and financial
resources necessary for the effective fulfilment of his or her mandate;
6. Decides to continue consideration of this issue in accordance with its annual
programme of work.
27th meeting
16 July 2020
[Adopted without a vote.]

44/9. Independence and impartiality of the judiciary, jurors and


assessors, and the independence of lawyers
The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, and by
articles 7, 8, 9, 10 and 11 of the Universal Declaration of Human Rights and articles 2, 4, 9,
14 and 26 of the International Covenant on Civil and Political Rights, and bearing in mind
the Vienna Declaration and Programme of Action,


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Recalling the Basic Principles on the Independence of the Judiciary, the Basic
Principles on the Role of Lawyers, the Guidelines on the Role of Prosecutors, the Bangalore
Principles of Judicial Conduct and the United Nations Principles and Guidelines on Access
to Legal Aid in Criminal Justice Systems,
Recalling also all previous resolutions and decisions of the Human Rights Council,
the Commission on Human Rights and the General Assembly on the independence and
impartiality of the judiciary and on the integrity of the judicial system,
Taking note of the reports of the Special Rapporteur on the independence of judges
and lawyers submitted to the Human Rights Council at its thirty-eighth 133 and forty-first 134
sessions, and to the General Assembly at its seventy-fourth session, 135
Convinced that an independent and impartial judiciary, an independent legal
profession, an objective and impartial prosecution able to perform its functions accordingly
and the integrity of the judicial system are prerequisites for the protection of human rights
and the application of the rule of law and for ensuring fair trials and the administration of
justice without any discrimination,
Recalling that prosecutors should, in accordance with the law, perform their functions
fairly, consistently and expeditiously, respect and protect human dignity, and uphold human
rights, thus contributing to due process and the smooth functioning of the criminal justice
system, and that they should avoid and combat all forms of prejudice, discrimination and
stigmatization based on race, colour, sex, language, religion, political or other opinion,
national or social origin, property, birth or other status,
Emphasizing that the independence and impartiality of the judiciary and the
independence of lawyers and the legal profession are necessary elements in the realization of
Sustainable Development Goal 16 of the 2030 Agenda for Sustainable Development, in
which Member States committed, inter alia, to provide access to justice for all and build
effective, accountable and inclusive institutions at all levels,
Condemning the increasingly frequent attacks on the independence of judges, lawyers,
prosecutors and court officials, in particular threats, intimidation and interference in the
discharge of their professional functions,
Recalling that every State should provide an effective framework of remedies to
redress human rights grievances or violations and that the administration of justice, including
law enforcement and prosecutorial agencies and, especially, an independent judiciary and
legal profession consistent with applicable standards contained in relevant international
instruments, is essential to the full and non-discriminatory realization of human rights and
indispensable to the processes of democracy and sustainable development,
Recalling also that it is essential to ensure that judges, prosecutors, lawyers and court
officials possess the professional qualifications required for the performance of their
functions through improved methods of recruitment, as well as legal and professional
training, and through the provision of all necessary means for the proper performance of their
role in ensuring the rule of law,
Noting the importance of tailored and interdisciplinary human rights training for all
judges, lawyers, prosecutors and other professionals concerned in the administration of
justice, as a measure for avoiding discrimination in the administration of justice,
Stressing the importance of ensuring accountability, transparency and integrity in the
judiciary as an essential element of judicial independence and as a concept inherent to the
rule of law when it is implemented in accordance with the Basic Principles on the
Independence of the Judiciary and other relevant norms, principles and standards,

133 A/HRC/38/38 and Add.1.


134 A/HRC/41/48.
135 A/74/176.

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Emphasizing that judges, prosecutors and lawyers play a critical role in upholding
human rights, including the absolute and non-derogable right to freedom from torture and
other cruel, inhuman or degrading treatment or punishment,
Emphasizing also that an independent and impartial judiciary, objective and impartial
prosecution services and an independent legal profession, which foster a balanced
representation of men and women and the establishment of gender-sensitive procedures, are
essential for the effective protection of women’s rights, including protection from violence
and revictimization through court systems, to ensuring that the administration of justice is
free from gender-based discrimination and stereotypes, and to a recognition that both men
and women benefit when women are treated equally by the justice sector,
Acknowledging the vital role of professional associations of lawyers in upholding
professional standards and ethics, protecting their members from persecution and improper
restrictions and infringements and providing legal services to all in need of them,
Recognizing the importance of independent and self-governing bar associations and
professional associations of judges and prosecutors, and of non-governmental organizations
working in defence of the principle of the independence of judges and lawyers,
Noting the endorsement by bar associations, law societies and national and
international lawyers’ organizations worldwide of a call for action in support of the Basic
Principles on the Role of Lawyers, and recognizing the vital role that lawyers and the legal
profession can play in upholding the rule of law and in promoting and protecting human
rights on the occasion of the thirtieth anniversary of the adoption of the Basic Principles,
Expressing its concern about situations where the entry into or continued practice
within the legal profession is controlled or arbitrarily interfered with by the executive branch,
with particular regard to abuse of systems for the licensing of lawyers,
Stressing the role that independent and effective 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) can and should play in
strengthening the rule of law and in supporting the independence and integrity of the judicial
system,
Recognizing that accessible and effective legal aid is an essential element of a fair,
humane and efficient system of administration of justice that is based on the rule of law,
Noting the rights and specific needs of women, children and persons belonging to
minorities, particularly those in situations of vulnerability who are in contact with justice
systems, who may require particular attention, protection and skills from the professionals
interacting with them, especially from lawyers, prosecutors and judges,
Acknowledging the importance of a privileged lawyer-client relationship based on the
principle of confidentiality,
Deeply concerned about the loss of life and livelihoods and the disruption to
economies and societies caused by the coronavirus disease (COVID-19) pandemic and about
its negative impact on the enjoyment of human rights around the world, and noting the threats
and challenges posed by such extraordinary situations to justice systems, including with
regard to access to justice,
Reaffirming that emergency measures, including those that relate to the administration
of justice, taken by States in response to extraordinary situations, including the COVID-19
pandemic and other crisis situations, must be necessary, proportionate to the evaluated risk
and applied in a non-discriminatory way, have a specific focus and duration, and be in
accordance with the State’s obligations under applicable international human rights law,
Reaffirming also the Human Rights Council resolutions in which the Council
extended the mandate of the Special Rapporteur on the independence of judges and lawyers
for a period of three years, and acknowledging the importance of the mandate holder’s ability
to cooperate closely, within the framework of the mandate, with the Office of the United
Nations High Commissioner for Human Rights, including in the fields of advisory services
and technical cooperation, in the effort to guarantee the independence of judges and lawyers,


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1. Calls upon all States to guarantee the independence of judges and lawyers and
the objectivity and impartiality of prosecutors, and their ability to perform their functions
accordingly, including by taking effective legislative, law enforcement and other appropriate
measures that will enable them to carry out their professional functions without interference,
harassment, threats or intimidation of any kind;
2. Encourages States to promote diversity in the composition of the members of
the judiciary, including by taking into account a gender perspective and by actively
promoting the balanced representation of women and men from various segments of society
at all levels, and of persons belonging to minorities and other disadvantaged groups, and to
ensure that the requirements for joining the judiciary and the selection process thereof are
non-discriminatory, public and transparent, and based on objective criteria, and guarantee the
appointment of individuals of integrity and ability with appropriate training and
qualifications in law, based on individual merit and under equal working conditions;
3. Stresses that the term of office of judges, their independence, security,
adequate remuneration, conditions of service, pensions and age of retirement should be
adequately secured by law, that the security of tenure of judges is an essential guarantee of
the independence of the judiciary and that grounds for their removal must be explicit, with
well-defined circumstances provided by law, involving reasons of incapacity or behaviour
that renders them unfit to discharge their functions, and that procedures upon which the
discipline, suspension or removal of a judge are based should comply with due process;
4. Encourages States to develop, as appropriate, policies, procedures and
programmes in the area of restorative justice as part of a comprehensive justice system;
5. Also encourages States to consider, in collaboration with relevant national
entities such as bar associations, associations of judges and prosecutors, and educational
institutions assisting the judiciary developing guidance on issues such as gender, children,
persons with disabilities, indigenous peoples and migrants, among others, to inform the
action of judges, lawyers, prosecutors and other actors in the judicial system;
6. Underscores that lawyers must not be identified with their clients or their
clients’ causes as a result of discharging their function;
7. Emphasizes that lawyers should be enabled to discharge their functions freely,
independently and without any fear of reprisal;
8. Calls upon States to ensure that prosecutors can perform their functional
activities in an independent, objective and impartial manner;
9. Condemns all acts of violence, intimidation or reprisal, from any quarter and
for any reason, against judges, prosecutors and lawyers, and reminds States of their duty to
uphold the integrity of judges, prosecutors and lawyers and to protect them, and their families
and professional associates, against all forms of violence, threat, retaliation, intimidation and
harassment, whether from State authorities or non-State actors, resulting from the discharging
of their functions, and to condemn such acts and to bring the perpetrators to justice;
10. Expresses its deep concern at the significant number of attacks against lawyers
and instances of arbitrary or unlawful interference with or restrictions to the free practice of
their profession, and calls upon States to ensure that any attacks or interference of any sort
against lawyers are promptly, thoroughly and impartially investigated and that perpetrators
are held accountable;
11. Calls upon States, in collaboration with relevant national entities such as bar
associations, associations of judges and prosecutors, and educational institutions, to provide
adequate training, including human rights training, for judges, prosecutors and lawyers, both
on initial appointment and periodically throughout their careers, taking into account regional
and international human rights law and, where applicable and relevant, the concluding
observations and decisions of human rights mechanisms, such as the treaty bodies and
regional human rights courts;
12. Encourages States to take measures to combat discrimination in the
administration of justice by, inter alia, providing for tailored and interdisciplinary human

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rights training, including anti-racist, multicultural, gender-sensitive and child rights training,
to all judges, lawyers and prosecutors;
13. Underscores the importance for States of developing and implementing an
effective and sustainable legal aid system that is consistent with their international human
rights obligations and takes into account relevant commitments and good practices so that
legal aid is available and accessible at all stages of legal proceedings, subject to appropriate
eligibility criteria;
14. Urges all Governments to cooperate with and to assist the Special Rapporteur
on the independence of judges and lawyers in the performance of his or her tasks, to provide
all information requested and to respond to communications transmitted to them by the
Special Rapporteur without undue delay;
15. Invites States to take measures, including by adopting domestic legislation, to
provide for independent and self-governing professional associations of lawyers and to
recognize the vital role played by lawyers in upholding the rule of law and promoting and
protecting human rights;
16. Calls upon States to ensure that legal provisions that are to be or have been
adopted in relation to counter-terrorism or national security are consistent with the
international obligations of the State concerning the right to a fair trial, the right to liberty
and the right to an effective remedy for violations of human rights and other provisions of
international law relevant to the role of judges, prosecutors and lawyers;
17. Urges States to ensure that judiciaries have the necessary resources and
capacity to help to maintain functionality, accountability, transparency and integrity, and to
ensure due process and the continuity of judicial activities, including efficient access to
justice consistent with the right to a fair trial and other fundamental rights and freedoms,
during extraordinary situations, including the COVID-19 pandemic and other crisis
situations;
18. Encourages States to make available to judiciaries current information and
communications technology and innovative online solutions, enabling digital connectivity,
to help to ensure access to justice and respect for the right to a fair trial and other procedural
rights, including in extraordinary situations, such as the COVID-19 pandemic and other crisis
situations, and to ensure that judicial and any other relevant national authorities are able to
elaborate the necessary procedural framework and technical solutions to this end;
19. Invites the Special Rapporteur to collaborate with relevant stakeholders within
the United Nations system in the areas pertaining to the mandate;
20. Calls upon Governments to give serious consideration to responding
favourably to the requests of the Special Rapporteur to visit their country, and urges States
to enter into a constructive dialogue with the Special Rapporteur with respect to the follow-
up to and implementation of his or her recommendations to enable him or her to fulfil the
mandate even more effectively;
21. Encourages the Special Rapporteur to facilitate the provision of technical
assistance and capacity-building and the dissemination of guidelines and best practices,
including through engagement with relevant stakeholders and in consultation with the Office
of the United Nations High Commissioner for Human Rights, when requested by the State
concerned, with a view to establishing and strengthening the rule of law, paying particular
attention to the administration of justice and the role of an independent and competent
judiciary and legal profession;
22. Encourages Governments that face difficulties in guaranteeing the
independence of judges and lawyers, the objectivity and impartiality of prosecutors and their
ability to perform their functions accordingly, or that are determined to take measures to
implement these principles further, to consult and to consider the services of the Special
Rapporteur, for instance, by inviting the mandate holder to visit their country;
23. Encourages Governments to give due consideration to recommendations made
by United Nations human rights mechanisms, and to implement recommendations supported
under the universal periodic review process, addressing the independence and effectiveness


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of the judiciary and their effective implementation, and invites the international community,
regional organizations and the United Nations system to support any implementation efforts;
24. Invites United Nations agencies, funds and programmes to continue their
activities in the areas of the administration of justice and the rule of law, including at the
country level at the request of the State, encourages States to reflect such activities in their
national capacity-building plans, and emphasizes that institutions concerned with the
administration of justice should be properly funded;
25. Encourages States to ensure that their legal frameworks, implementing
regulations and judicial manuals are fully in line with their international obligations and take
into account relevant commitments in the areas of the administration of justice and the rule
of law;
26. Decides to continue consideration of this issue in accordance with its annual
programme of work.
27th meeting
16 July 2020
[Adopted without a vote.]

44/10. Special Rapporteur on the rights of persons with disabilities


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, and
guided also by the Universal Declaration of Human Rights, the Convention on the Rights of
Persons with Disabilities and other relevant human rights instruments,
Recalling the universality, indivisibility, interdependence and interrelatedness of all
human rights and fundamental freedoms and the need for persons with disabilities to be
guaranteed the full enjoyment of their rights and freedoms without discrimination of any
kind,
Recalling also the 2030 Agenda for Sustainable Development and the commitment
therein to leave no one behind,
Deeply concerned that, in all parts of the world, persons with disabilities continue to
face barriers in their participation as equal members of society and violations of their human
rights, and conscious that greater attention and commitment is needed to address these
challenges,
Recalling Security Council resolution 2475 (2019) of 20 June 2019, in which the
Council addressed the disproportionate impact of armed conflict and related humanitarian
crises on persons with disabilities,
Recalling also that the Sendai Framework for Disaster Risk Reduction 2015–2030
promotes disability-inclusive and accessible disaster risk reduction practices,
Recalling further all previous resolutions adopted by the General Assembly, the
Commission on Human Rights and the Human Rights Council on the rights of persons with
disabilities,
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,
Recalling also its resolutions 26/20 of 27 June 2014 and 35/6 of 22 June 2017,
1. Reaffirms the obligation of States to take all appropriate measures to eliminate
discrimination against persons with disabilities and to promote, protect and respect their
human rights;

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2. Welcomes the work of the Special Rapporteur on the rights of persons with
disabilities;
3. Decides to extend the mandate of the Special Rapporteur on the rights of
persons with disabilities for a further period of three years, with the following mandate:
(a) To develop a regular dialogue and to consult with States and other relevant
stakeholders, including United Nations agencies, programmes and funds, regional human
rights mechanisms, national human rights institutions, national independent monitoring
frameworks designated under article 33 (2) of the Convention on the Rights of Persons with
Disabilities, persons with disabilities and their representative organizations, and other civil
society organizations, to identify, exchange and promote good practices relating to the
realization of the rights of persons with disabilities and their participation as equal members
of society, including in humanitarian situations;
(b) To gather, request, receive and exchange information and communications
from and with States and other relevant sources, including persons with disabilities and their
representative organizations and other civil society organizations, on violations of the rights
of persons with disabilities;
(c) To make concrete recommendations on how to better promote and protect the
human rights of persons with disabilities, including on eliminating discrimination, violence
and social exclusion, how to contribute to the realization of the internationally agreed
development goals for persons with disabilities in the Sustainable Development Goals, and
related data-collection efforts, how to promote development that is inclusive of and
accessible to persons with disabilities, and how to promote their role as both agents for and
beneficiaries of development;
(d) To conduct, facilitate and support the provision of advisory services, technical
assistance, capacity-building and international cooperation in support of national efforts for
the effective realization of the rights of persons with disabilities;
(e) To raise awareness of the rights of persons with disabilities, to combat stigma,
stereotypes, prejudices, segregation and all harmful practices that hinder their opportunity to
fully enjoy their human rights to participate in society on an equal basis with others, to
promote awareness of their positive contributions and to inform persons with disabilities
about their rights;
(f) To contribute closely in the implementation of the United Nations Disability
Inclusion Strategy and other efforts for ensuring that the United Nations system is fit for
purpose in relation to disability inclusion;
(g) To work closely with the special procedures and other human rights
mechanisms of the Human Rights Council, the treaty bodies, in particular the Committee on
the Rights of Persons with Disabilities, and other relevant United Nations agencies, funds
and programmes, including the United Nations Partnership to Promote the Rights of Persons
with Disabilities, and the Special Envoy of the Secretary-General on Disability and
Accessibility with a view to avoiding unnecessary duplication, including in relation to
communications;
(h) To cooperate closely with the Conference of States Parties to the Convention
on the Rights of Persons with Disabilities and the Commission for Social Development,
including by participating in their annual sessions upon request;
(i) To integrate a gender perspective throughout the work of the mandate and to
address the multiple, intersecting and aggravated forms of discrimination faced by persons
with disabilities;
(j) To continue to report annually to the Human Rights Council and to the General
Assembly, in accessible formats, including Braille and easy-to-read reports, and international
sign language interpretation and closed captioning during the presentation of the reports, and
in accordance with their respective programmes of work;
4. Calls upon all States to cooperate with the Special Rapporteur in the
performance of his or her mandate, including by providing all necessary information


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requested, to give serious consideration to responding favourably to his or her requests to


visit their countries, and to consider the conclusions and appropriate follow-up and
implementing the recommendations made by the mandate holder in his or her reports;
5. Encourages all relevant stakeholders, including United Nations agencies,
funds and programmes, regional human rights mechanisms, national human rights
institutions, national independent monitoring frameworks, the private sector, donors and
development agencies, to cooperate fully with the Special Rapporteur to enable the mandate
holder to fulfil his or her mandate;
6. Calls upon those States that have not yet done so to consider ratifying or
acceding to the Convention on the Rights of Persons with Disabilities and the Optional
Protocol thereto as a matter of priority;
7. Requests the Secretary-General to bring the reports of the Special Rapporteur
to the attention of the Committee on the Rights of Persons with Disabilities, the Conference
of States Parties and the Commission for Social Development for their information and to
avoid unnecessary duplication;
8. 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 resources necessary for the effective fulfilment of his or her mandate.
27th meeting
16 July 2020
[Adopted without a vote.]

44/11. Mandate of the Independent Expert on human rights and


international solidarity

The Human Rights Council,


Reaffirming all previous resolutions and decisions adopted by the Commission on
Human Rights and the Human Rights Council on the issue of human rights and international
solidarity,
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 all mandate holders shall discharge their duties in accordance
with those resolutions and the annexes thereto,
Underlining the fact that the processes of promoting and protecting human rights
should be conducted in conformity with the purposes and principles of the Charter of the
United Nations and international law,
Recalling that, at the World Conference on Human Rights, held in June 1993, States
pledged to cooperate with each other in ensuring development and eliminating obstacles to
development, and stressed that the international community should promote effective
international cooperation for the realization of the right to development and the elimination
of obstacles to development,
Reaffirming the fact that article 4 of the Declaration on the Right to Development
states that sustained action is required to promote more rapid development of developing
countries and, as a complement to the efforts of developing countries, effective international
cooperation is essential in order to provide these countries with the appropriate means and
facilities to foster their comprehensive development,
Recognizing that the attention paid to the importance of international solidarity as a
vital component of the efforts of developing countries to realize the right to development of
their peoples and to promote the full enjoyment of economic, social and cultural rights by
everyone has been insufficient, and in this context reaffirming the critical relevance of
international solidarity to the implementation of the 2030 Agenda for Sustainable
Development,

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Expressing its concern at the lack of sufficient solidarity with developing countries in
responding to the coronavirus disease (COVID-19) pandemic and in addressing its dramatic
economic and social impact,
Emphasizing the importance of international solidarity and cooperation for effectively
addressing the challenges of the current global crisis owing to the COVID-19 pandemic,
Reaffirming the fact that the widening gap between economically developed and
developing countries is unsustainable and that it impedes the realization of human rights in
the international community, making it all the more imperative for every nation, according
to its capacities, to make the maximum possible effort to close this gap,
Affirming the fact that the achievement of the Sustainable Development Goals and the
realization of the right to development call for a more enlightened approach, mindset and
action based on a sense of community and international solidarity,
Determined to take new steps forward in the commitment of the international
community with a view to achieving substantial progress in human rights endeavours through
an increased and sustained effort of international cooperation and solidarity,
Asserting the necessity of establishing new, equitable and global links of partnership
and intragenerational solidarity for the perpetuation of humankind,
Resolved to strive to ensure that present generations are fully aware of their
responsibilities towards future ones, and that a better world is possible for both present and
future generations,
1. Reaffirms the recognition set forth in the declaration adopted by the Heads of
State and Government at the Millennium Summit of the fundamental value of solidarity to
international relations in the twenty-first century in stating that global challenges must be
managed in a way that distributes costs and burdens fairly, in accordance with the basic
principles of equity and social justice, and that those who suffer or benefit least deserve help
from those who benefit most;
2. Also reaffirms that international solidarity is not limited to international
assistance and cooperation, aid, charity or humanitarian assistance; it is a broader concept
and principle that includes sustainability in international relations, especially international
economic relations, the peaceful coexistence of all members of the international community,
equal partnerships and the equitable sharing of benefits and burdens;
3. Reiterates its determination to contribute to the solution of current world
problems through increased international cooperation, to create conditions that will ensure
that the needs and interests of future generations are not jeopardized by the burden of the
past, and to hand over a better world to future generations;
4. Reaffirms the fact that the promotion of international cooperation is a duty for
States, and that it should be implemented without any conditionality and on the basis of
mutual respect, in full compliance with the principles and purposes of the Charter of the
United Nations, in particular respect for the sovereignty of States, and taking into account
national priorities;
5. Recognizes that international solidarity shall be a new foundational principle
underpinning contemporary international law;
6. Also recognizes that there is an overwhelming manifestation of solidarity by
States, individually and collectively, by civil society, by global social movements and by
countless people of goodwill reaching out to others, and that this solidarity is commonly
practised at the national, regional and international levels;
7. Acknowledges the increased need for States and other actors to come together
and take collective action in solidarity;
8. Urges all States, United Nations agencies, other relevant international
organizations and non-governmental organizations to step up and strengthen solidarity and
collaboration at this enormously challenging time;


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9. Takes note of the report of the Independent Expert on human rights and
international solidarity; 136
10. Decides to extend the mandate of the Independent Expert on human rights and
international solidarity for a period of three years;
11. Requests all States, United Nations agencies, other relevant international
organizations and non-governmental organizations to mainstream the right of peoples and
individuals to international solidarity into their activities, to cooperate with the Independent
Expert in his mandate, and to supply all necessary information requested by him, and requests
States to give serious consideration to responding favourably to the requests of the
Independent Expert to visit their countries to enable him to fulfil his mandate effectively;
12. Requests the Independent Expert to continue to participate in relevant
international forums and major events with a view to promoting the importance of
international solidarity in the realization of the 2030 Agenda for Sustainable Development,
especially those Sustainable Development Goals relating to economic, social and climate
issues, and invites Member States, international organizations, United Nations agencies and
other relevant organizations to facilitate the meaningful participation of the Independent
Expert in these forums and events;
13. Also requests the Independent Expert to continue to examine in his reports
ways and means of overcoming existing and emerging obstacles to the realization of the right
of peoples and individuals to international solidarity, including the challenges of international
cooperation, and to seek the views and contributions of Governments, United Nations
agencies and other relevant international organizations in this regard;
14. Requests the Secretary-General and the United Nations High Commissioner
for Human Rights to provide the Independent Expert with all the human and financial
resources necessary for the effective fulfilment of the mandate;
15. Reiterates its request to the Independent Expert to take into account the
outcomes of all major United Nations and other global summits and ministerial meetings in
the economic, social and climate fields, and to continue to seek views and contributions from
Governments, United Nations agencies, other relevant international organizations and non-
governmental organizations in the discharge of his mandate;
16. Requests the Independent Expert to report regularly to the Human Rights
Council and to the General Assembly in accordance with their respective programmes of
work;
17. Decides to continue its consideration of this matter under the same agenda
item.
27th meeting
16 July 2020
[Adopted by a recorded vote of 31 to 15, with 1 abstention. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Bahamas, Bahrain, Bangladesh,
Brazil, Burkina Faso, Cameroon, Chile, Democratic Republic of the Congo,
Eritrea, Fiji, India, Indonesia, Libya, Mauritania, Namibia, Nepal, Nigeria,
Pakistan, Peru, Philippines, Qatar, Senegal, Somalia, Sudan, Togo, Uruguay
and Venezuela (Bolivarian Republic of)
Against:
Australia, Austria, Bulgaria, Czechia, Denmark, Germany, Italy, Japan,
Marshall Islands, Netherlands, Poland, Republic of Korea, Slovakia, Spain,
and Ukraine
Abstaining:
Mexico]

136 A/HRC/44/44 and Add.1.

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44/12. Freedom of opinion and expression

The Human Rights Council,


Guided by the purposes and principles of the Charter of the United Nations,
Recalling all resolutions of the Commission on Human Rights and the Human Rights
Council relevant to the right to freedom of opinion and expression, in particular Council
resolutions 7/36 of 28 March 2008, 12/16 of 12 October 2009, 16/4 of 24 March 2011, 23/2
of 13 June 2013, 25/2 of 27 March 2014, 34/18 of 24 March 2017, 38/7 of 5 July 2018, 39/6
of 27 September 2018 and 43/4 of 19 June 2020,
Welcoming the work of the Special Rapporteur on the promotion and protection of the
right to freedom of opinion and expression, and taking note of his reports, 137
Reaffirming that the right to freedom of opinion and expression, both online and
offline, is a human right guaranteed to all, in accordance with article 19 of the Universal
Declaration of Human Rights and of the International Covenant on Civil and Political Rights,
that it constitutes one of the essential foundations of democratic societies and development,
and that it is critical to combating corruption,
Recognizing that the effective exercise of the right to freedom of opinion and
expression is an important indicator of the level of protection of other human rights and
freedoms, and bearing in mind that all human rights are universal, indivisible, interdependent
and interrelated,
Acknowledging the important role of business enterprises in the exercise of the right
to freedom of opinion and expression and in enabling access to information, and recalling
that all business enterprises have a responsibility to respect human rights, as set out in the
Guiding Principles on Business and Human Rights: Implementing the United Nations
“Protect, Respect and Remedy” Framework, and that the obligation and the primary
responsibility to promote and protect human rights and fundamental freedoms lie with the
State,
Underlining that digital contexts provide opportunities for exercising the right to
freedom of opinion and expression, regardless of frontiers, for improving access to
information and for seeking, receiving and imparting information and ideas of all kinds, and
emphasizing that, in the digital age, technical solutions to secure and protect the
confidentiality of digital communications, including measures for encryption and anonymity,
can be important to ensure the enjoyment of human rights, including the right to freedom of
opinion and expression,
Expressing concern that many forms of digital divide remain between and within
countries and regions, and recognizing the need to close them, including through international
cooperation, and recognizing also that the gender digital divide, which includes significant
gender disparities in terms of access to and use of information and communications
technology, undermines women’s and girls’ full enjoyment of human rights, including the
right to freedom of opinion and expression,
Acknowledging the important role of, inter alia, journalists and other media workers,
and human rights defenders, in the promotion and protection of the right to freedom of
opinion and expression, and in this context expressing deep concern that violations and
abuses of the right to freedom of opinion and expression continue to occur in the exercise, in
particular by women journalists and other media workers and women human rights
defenders, of this right,
Reaffirming the fundamental role of the right to freedom of opinion and expression in
the possibility of women to interact with society at large on equal terms, particularly in the
realms of economic and political participation, and reaffirming also that the full and
meaningful participation of women and girls is essential to achieving gender equality,
sustainable development, peace and democracy,

137 A/HRC/44/49 and Adds.1–2.


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Stressing the need to ensure that measures for the protection of national security,
public order and public health are in full compliance with international human rights
obligations, including the principles of lawfulness, legitimacy, necessity and proportionality,
and stressing also the need to protect human rights, including the freedom of opinion and
expression and privacy, and personal data in the response to health or other emergencies,
Expressing concern at the spread of disinformation and misinformation, which can be
designed and implemented so as to mislead, to violate and to abuse human rights, including
privacy and the freedom of individuals to seek, receive and impart information, and to incite
all forms of violence, hatred, discrimination and hostility, inter alia, racism, xenophobia,
negative stereotyping and stigmatization,
Stressing that responses to the spread of disinformation and misinformation must be
grounded in international human rights law, including the principles of lawfulness,
legitimacy, necessity and proportionality, and underlining the importance of free,
independent, plural and diverse media and of providing and promoting access to independent,
fact-based and science-based information to counter disinformation and misinformation,
Stressing also the importance of ensuring transparency and accountability in
algorithmic, human and technical decision-making, given the risks of undue restriction on
access to information and freedom of opinion and expression,
Acknowledging that the promotion and protection of human rights and the
implementation of the 2030 Agenda for Sustainable Development are interrelated and
mutually reinforcing, and that, in accordance with target 16.10 of the Sustainable
Development Goals, all States are to ensure public access to information and to protect
human rights and fundamental freedoms, in accordance with national legislation and
international agreements,
Recognizing that the freedom to seek, receive and impart information and ideas of all
kinds, both online and offline, through any media and regardless of frontiers is one of the
central components of the right to freedom of opinion and expression, as reflected in article
19 of the Universal Declaration of Human Rights and of the International Covenant on Civil
and Political Rights, and that obstacles to access to information can undermine the enjoyment
of civil and political rights, as well as economic, social and cultural rights,
Recalling that the exercise of the right to freedom of expression carries with it special
duties and responsibilities, in accordance with article 19 (3) of the International Covenant on
Civil and Political Rights,
Stressing the importance of the full respect for the freedom to seek, receive and impart
information, including the fundamental importance of access to information, and for
democratic participation, transparency and accountability, and of combating corruption,
Welcoming the adoption by the General Assembly of its resolution 74/5 on 15 October
2019, in which the Assembly proclaimed 28 September as the International Day for Universal
Access to Information,
Underscoring the importance of access to information held by public authorities,
including on alleged violations and abuses of human rights, for the full and effective
participation of individuals, groups and organs of society, including human rights defenders,
in consultations, decision-making processes and, where relevant, implementation efforts
related to legislation, policies, programmes and projects, with a view to mainstreaming,
promoting and protecting human rights,
Recognizing that public authorities should strive to make information available,
whether the information is proactively published electronically or provided upon request, and
also that access to information, both online and offline, is necessary for, inter alia, journalists
and other media workers, civil society organizations, human rights defenders and trade union
activists, to conduct their work effectively and meaningfully, and that any restriction on the
freedom to seek, receive and impart information must comply with relevant international law,
Strongly condemning the use of Internet shutdowns to intentionally and arbitrarily
prevent or disrupt access to or dissemination of information online,

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1. Reaffirms the rights contained in the International Covenant on Civil and


Political Rights, in particular the right to freedom of opinion and expression, which includes
the freedom to seek, receive and impart information and ideas of all kinds, regardless of
frontiers, either orally, in writing or in print, in the form of art or through any other media of
one’s choice, and the intrinsically linked rights to freedom of thought, conscience and
religion or belief, peaceful assembly and association and the right to vote and take part in the
conduct of public affairs;
2. Also reaffirms that the same rights that people have offline must also be
protected online, in particular the right to freedom of opinion and expression;
3. Reiterates its continuing concern that violations of the rights referred to in
paragraph 1 above continue to occur, often with impunity, and are facilitated and aggravated
by the abuse of states of emergency;
4. Strongly condemns the threats, reprisals and violence against and the targeting,
criminalization, intimidation, arbitrary detention, torture, disappearance and killing of any
individual, including journalists and other media workers, and human rights defenders, for
their advocacy of human rights, for reporting and seeking information on human rights
violations and abuses or for cooperating with national, regional and international
mechanisms, including in relation to economic, social and cultural rights, which have
increased and are not adequately punished, in particular where public authorities are involved
in committing such acts;
5. Recognizes that the free flow of information is an important component of
access to information, which is essential for advancing the promotion and protection of
human rights, including of women’s and girls’ full enjoyment of human rights and to
achieving gender equality;
6. Underlines that the right to freedom of opinion and expression and access to
information are critical for the implementation and achievement of the 2030 Agenda for
Sustainable Development;
7. Stresses that a democratic society depends on respect for human rights,
including freedom of opinion and expression, and that undue restrictions on the freedom to
seek, receive and impart information undermine democracy and the rule of law by preventing
efforts aimed at holding public authorities accountable and exposing corruption;
8. Calls upon all States:
(a) To promote, protect, respect and ensure the full enjoyment of the right to
freedom of opinion and expression, both online and offline, and to take all measures
necessary to put an end to and to prevent violations and abuses of the rights referred to in
paragraph 1 above, including by ensuring that relevant national legislation complies with
their international human rights obligations and is effectively implemented;
(b) To ensure that victims of violations and abuses have effective remedy, that
threats and acts of violence are investigated effectively, and that those responsible are brought
to justice in order to combat impunity;
(c) To promote, protect, respect and ensure women’s and girls’ full enjoyment of
the right to freedom of opinion and expression, both online and offline, without distinction
of any kind;
(d) To enable everyone, including journalists and other media workers, and human
rights defenders, to exercise their right to freedom of opinion and expression, including by
taking effective measures to ensure their safety, and to protect in law and in practice the
confidentiality of journalists’ sources, including whistle-blowers, in acknowledgement of the
essential role of journalists and those who provide them with information in fostering
government accountability and an inclusive, democratic and peaceful society;
(e) To respect the right to freedom of opinion and expression in the media, in
particular editorial independence, and to promote a pluralistic approach to information and
multiple points of view, inter alia by encouraging a diversity of ownership of media and of
sources of information, including mass media, and to refrain from the use of imprisonment


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or the imposition of fines for offences relating to the media that are disproportionate to the
gravity of the offence;
(f) To ensure that any limitations on the right to freedom of expression are only
such as are provided by law and are necessary for the respect of the rights and reputations of
others, or for the protection of national security or of public order, or of public health,
including by ensuring that all measures taken to counter threats related to terrorism, violent
extremism and public health are in full compliance with international human rights
obligations, including the principles of lawfulness, legitimacy, necessity and proportionality;
(g) To refrain from imposing restrictions that are inconsistent with article 19 of
the International Covenant on Civil and Political Rights, including on the free flow of
information and ideas, including through practices such as the use of Internet shutdowns to
intentionally and arbitrarily prevent or disrupt access to or the dissemination of information
online, the banning or closing of publications or other media and the abuse of administrative
measures and censorship, and on access to or use of information and communications
technology, inter alia radio, television and the Internet;
(h) To adopt and implement laws and policies that ensure the freedom to seek,
receive and impart information, including by:
(i) Undertaking all necessary efforts to ensure easy, prompt, effective and
practical access to government information of public interest, including online, and
encouraging the proactive disclosure of information held by public entities in the
broadest possible terms, including on grave violations and abuses of human rights,
and ensuring that grounds for refusing the disclosure of information held by public
bodies are narrowly defined;
(ii) Enacting the necessary procedures to allow equal participation in access to
information and to facilitate access to and use of information;
(iii) Facilitating and promoting access to and use of communications and digital
technologies;
9. Encourages all business enterprises to meet their responsibility to respect all
human rights as stated in the Guiding Principles on Business and Human Rights:
Implementing the United Nations “Protect, Respect and Remedy” Framework and in other
applicable standards, including by actively contributing to initiatives aimed at fostering a
culture of respect for freedom of opinion and expression and by ensuring the greatest possible
transparency in their policies, standards and actions that have an impact on the freedom of
opinion and expression;
10. Reaffirms that any advocacy of national, racial or religious hatred, both online
and offline, that constitutes incitement to discrimination, hatred, hostility or violence, shall
be prohibited by law, consistent with the right to freedom of expression;
11. Stresses the importance of combating, in accordance with States’ obligations
under international human rights law, all acts of incitement to discrimination, hatred, hostility
or violence, including by promoting tolerance, education and dialogue;
12. Requests the Office of the United Nations High Commissioner for Human
Rights to prepare a report on good practices for establishing national normative frameworks
that foster access to information held by public entities, and also requests the Office of the
High Commissioner, in the preparation of the report, to seek the views of States, non-
governmental organizations, national human rights institutions and other relevant
stakeholders, including the Special Rapporteur on the promotion and protection of the right
to freedom of opinion and expression, and to submit the report to the Human Rights Council
at its forty-seventh session;
13. Decides to continue its consideration of the issue of the right to freedom of
opinion and expression in accordance with its programme of work.
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16 July 2020
[Adopted without a vote.]

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44/13. Extreme poverty and human rights


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Recalling that, in accordance with the Universal Declaration of Human Rights and the
International Covenants on Human Rights, the ideal of a world in which all human beings
can enjoy freedom from fear and want can be achieved only if conditions are created whereby
everyone may enjoy his or her economic, social and cultural rights, as well as his or her civil
and political rights, and reaffirming in this regard the International Covenant on Economic,
Social and Cultural Rights and the International Covenant on Civil and Political Rights,
Recalling also all previous resolutions on the issue of human rights and extreme
poverty adopted by the General Assembly, including resolutions 71/186 of 19 December
2016 and 73/163 of 17 December 2018, and by the Commission on Human Rights, as well
as Human Rights Council resolutions, including Council resolutions 2/2 of 27 November
2006, 7/27 of 28 March 2008, 8/11 of 18 June 2008, 12/19 of 2 October 2009, 15/19 of 30
September 2010, 17/13 of 17 June 2011, 21/11 of 27 September 2012, 26/3 of 26 June 2014,
and 35/19 of 22 June 2017, and noting the Declaration on the Right to Development,
Recalling further that, in its resolution 74/234 of 19 December 2019, the General
Assembly proclaimed the Third United Nations Decade for the Eradication of Poverty (2018–
2027) in order to maintain the momentum generated by the first and second Decades and to
support, in an efficient and coordinated manner, the 2030 Agenda for Sustainable
Development and its Sustainable Development Goals, and the commitment therein to ending
poverty in all its forms, including by eradicating extreme poverty by 2030, and the objective
of leaving no one behind and reaching the furthest behind first,
Recalling that, in its resolution 67/164 of 20 December 2012, the General Assembly
took note with appreciation of the guiding principles on extreme poverty and human rights,
adopted by the Human Rights Council in its resolution 21/11, as a useful tool for States in
the formulation and implementation of poverty reduction and eradication policies, as
appropriate,
Reaffirming in this regard the commitments made at relevant United Nations
conferences and summits, including those made at the World Summit for Social
Development, held in Copenhagen in 1995, at the Millennium Summit, and at the 2005 World
Summit,
Deeply concerned that extreme poverty persists in all countries of the world,
regardless of their economic, social and cultural situation, and that its extent and
manifestations are particularly severe in developing countries,
Deeply concerned also about the loss of life and livelihoods and the disruption to
economies and societies caused by the coronavirus disease (COVID-19) pandemic and its
negative impact on the enjoyment of human rights around the world,
Recognizing that the poorest and most vulnerable are the hardest hit by the pandemic,
and that the impact of the crisis will reverse hard-won development gains and hamper
progress towards achieving the Sustainable Development Goals,
Reaffirming that the existence of widespread extreme poverty inhibits the full and
effective enjoyment of human rights and that its immediate alleviation and eventual
eradication must remain a high priority for the international community, and that the efforts
towards the achievement of this goal should be strengthened,
Stressing that respect for all human rights – civil, political, economic, social and
cultural rights – which are universal, indivisible and interdependent and interrelated, is of
crucial importance for all policies and programmes to effectively fight extreme poverty at the
local and national levels,
Recalling its resolutions 5/1, on the institution-building of the Human Rights Council,
and 5/2, on the Code of Conduct for Special Procedures Mandate Holders of the Council, of


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18 June 2007, and stressing that the mandate holder shall discharge his or her duties in
accordance with those resolutions and the annexes thereto,
1. Welcomes the work of the Special Rapporteur on extreme poverty and human
rights, including his thematic reports and country visits; 138
2. Decides to extend, for a period of three years, the mandate of the Special
Rapporteur on extreme poverty and human rights, as set out in Human Rights Council
resolution 8/11;
3. Requests the Office of the United Nations High Commissioner for Human
Rights to continue to give high priority to the issue of extreme poverty and human rights, to
pursue further work in this area in full cooperation with the Special Rapporteur in the various
activities, and to continue to provide the Special Rapporteur with all the human and budgetary
assistance necessary for the effective fulfilment of his mandate;
4. Requests the Special Rapporteur to submit an annual report on the
implementation of the present resolution to the General Assembly and to the Human Rights
Council, in accordance with their programmes of work;
5. Also requests the Special Rapporteur to participate in relevant international
dialogues and policy forums relating to the implementation of the 2030 Agenda for
Sustainable Development, and to undertake thematic research with a view to advising States
and relevant State institutions on the eradication of extreme poverty in the implementation
of the 2030 Agenda, including with reference to targets 1.1, 1.3, 1.4 and 1.5 of the Sustainable
Development Goals and other goals and targets related to extreme poverty;
6. Invites the Special Rapporteur to dedicate his next annual report to the impact
of the COVID-19 pandemic on the enjoyment of all human rights by persons in extreme
poverty, identifying challenges and including recommendations and good practices to ensure
that no one is left behind in the adoption and implementation of crisis management and post-
crisis recovery plans;
7. Calls upon all Governments to cooperate with and assist the Special
Rapporteur in his task, to supply all necessary information requested by the mandate holder,
and to respond favourably to the requests of the Special Rapporteur to visit their countries to
enable him to fulfil his mandate effectively;
8. Invites relevant United Nations agencies, funds and programmes, the treaty
bodies, other relevant mandate holders, 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;
9. Decides to continue its consideration of the issue of extreme poverty and
human rights in accordance with its programme of work.
27th meeting
16 July 2020
[Adopted without a vote.]

44/14. Fifteenth anniversary of the responsibility to protect


populations from genocide, war crimes, ethnic cleansing and
crimes against humanity, as enshrined in the 2005 World
Summit Outcome

The Human Rights Council,


Guided by the purposes and principles of the Charter of the United Nations,

138 A/HRC/44/40 and Adds.1–2.

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Reaffirming the Universal Declaration of Human Rights and the Vienna Declaration
and Programme of Action, and recalling the International Covenants on Human Rights and
other relevant human rights instruments,
Recalling the 2005 World Summit Outcome on its fifteenth anniversary, especially
paragraphs 138 and 139 thereof on the responsibility to protect populations from genocide,
war crimes, ethnic cleansing and crimes against humanity,
Stressing that States have the primary responsibility for the promotion and protection
of and respect for human rights and fundamental freedoms for all, without distinction of any
kind, and reiterating the responsibility of each individual State to protect its population from
genocide, war crimes, ethnic cleansing and crimes against humanity, which entails the
prevention of such crimes, including their incitement, through appropriate and necessary
means, and that the international community should, as appropriate, encourage and help
States to exercise this responsibility and support the United Nations in establishing an early
warning capability,
Noting the annual reports of the Secretary-General on the responsibility to protect and
the relevant recommendations contained therein,
Recalling General Assembly resolution 63/308 of 14 September 2009,
Recalling also the mandate of the Human Rights Council, as established by the
General Assembly in its resolution 60/251 of 15 March 2006,
Recognizing the important contribution of the United Nations human rights system to
efforts towards addressing situations in which genocide, war crimes, ethnic cleansing and
crimes against humanity could be committed,
Emphasizing that this anniversary offers a valuable opportunity to raise awareness and
to reflect on achievements, best practices and challenges, at the national, regional and
international levels, with regard to the responsibility to protect populations from genocide,
war crimes, ethnic cleansing and crimes against humanity, including the prevention thereof,
1. Decides to convene, before its forty-seventh session, an intersessional panel
discussion to mark the fifteenth anniversary of the responsibility to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity, as enshrined in the 2005
World Summit Outcome, on the exchange of best practices on strengthening national policies
and strategies to implement the responsibility to protect populations from genocide, war
crimes, ethnic cleansing and crimes against humanity through national mechanisms and other
stakeholders;
2. Requests the Office of the United Nations High Commissioner for Human
Rights to liaise with States, relevant United Nations bodies and agencies, the Special Adviser
to the Secretary-General on the Prevention of Genocide, the Special Adviser to the Secretary-
General on the Responsibility to Protect, the treaty bodies, the special procedures of the
Human Rights Council and regional human rights mechanisms, and the Global Network of
the Responsibility to Protect Focal Points, as well as with civil society, including non-
governmental organizations, and national human rights institutions with a view to ensuring
their participation in the panel discussion, and to make the panel discussion fully accessible
for persons with disabilities;
3. 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-eighth
session and to the General Assembly.
28th meeting
17 July 2020
[Adopted by a recorded vote of 32 to 1, with 14 abstentions. The voting was as follows:
In favour:
Afghanistan, Argentina, Armenia, Australia, Austria, Bahamas, Bangladesh,
Brazil, Bulgaria, Chile, Czechia, Denmark, Fiji, Germany, Italy, Japan, Libya,
Marshall Islands, Mexico, Netherlands, Nigeria, Peru, Poland, Qatar, Republic
of Korea, Senegal, Slovakia, Somalia, Spain, Togo, Ukraine and Uruguay


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Against:
Venezuela (Bolivarian Republic of)
Abstaining:
Angola, Bahrain, Burkina Faso, Cameroon, Democratic Republic of the
Congo, Eritrea, India, Indonesia, Mauritania, Namibia, Nepal, Pakistan,
Philippines and Sudan]

44/15. Business and human rights: the Working Group on the issue
of human rights and transnational corporations and other
business enterprises, and improving accountability and
access to remedy
The Human Rights Council,
Reaffirming the purposes and principles of the Charter of the United Nations and the
Universal Declaration of Human Rights,
Recalling relevant international human rights treaties, including the International
Covenant on Civil and Political Rights, the International Covenant on Economic, Social and
Cultural Rights and the Vienna Declaration and Programme of Action, and recalling also the
Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to
Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms,
Taking note with appreciation of the adoption by the Governing Body of the
International Labour Office in March 2017 of the revised Tripartite Declaration of Principles
concerning Multinational Enterprises and Social Policy, which takes into account, inter alia,
the Guiding Principles on Business and Human Rights, as well as other instruments relevant
to the promotion of the agenda of business and human rights,
Recalling General Assembly resolution 74/146 of 18 December 2019 on
implementing the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms through providing a safe and enabling environment for human rights
defenders and ensuring their protection,
Recalling also Human Rights Council resolutions 8/7 of 18 June 2008, 17/4 of 16 June
2011, 21/5 of 27 September 2012, 26/22 of 27 June 2014, 32/10 of 30 June 2016, 35/7 of 22
June 2017 and 38/13 of 6 July 2018, and Commission on Human Rights resolution 2005/69
of 20 April 2005, and noting Council resolution 26/9 of 26 June 2014, all concerning the
issue of human rights and transnational corporations and other business enterprises,
Recalling further the reports of the Secretary-General on challenges, strategies and
developments with regard to the implementation of resolution 21/5 by the United Nations
system, including its programmes, funds and agencies, and the recommendations made
therein, underscoring the need to embed the business and human rights agenda and the
Guiding Principles on Business and Human Rights throughout the United Nations system,
Recalling the adoption by the General Assembly, in its resolution 70/1 of 25
September 2015, of the 2030 Agenda for Sustainable Development, in particular paragraph
67 thereof,
Recalling also the Addis Ababa Action Agenda of the Third International Conference
on Financing for Development, which contains a commitment to foster a dynamic and well-
functioning business sector in accordance with relevant international standards and
agreements, including the Guiding Principles on Business and Human Rights,
Recalling in particular that the endorsement of the Guiding Principles on Business
and Human Rights by the Human Rights Council in its resolution 17/4 established an
authoritative framework to prevent and address adverse human rights impacts from business
activities, based on the three pillars of the United Nations “Protect, Respect and Remedy”
framework,

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Stressing that the obligation and the primary responsibility to promote, protect and
fulfil human rights and fundamental freedoms lie with the State,
Emphasizing that transnational corporations and other business enterprises have the
responsibility to respect all human rights,
Recognizing the progress made and the continuing efforts to implement the Guiding
Principles on Business and Human Rights by some States, business enterprises, international
organizations, civil society and other relevant stakeholders, and the role of the United Nations
Global Compact in, inter alia, promoting the Guiding Principles,
Noting that 2021 marks the tenth anniversary of the Guiding Principles on Business
and Human Rights, which have contributed to greater understanding by States and business
enterprises of their respective obligations and responsibilities to prevent and address
business-related human rights abuses,
Taking stock of the progress made to date by States and businesses in the
implementation of the Guiding Principles on Business and Human Rights, while
acknowledging the remaining challenges they face in fulfilling their respective obligations
and responsibilities to prevent and address business-related human rights abuses, and
recognizing therefore the necessity of pursuing efforts for the implementation of the Guiding
Principles,
Recognizing the relevance of the Guiding Principles on Business and Human Rights
in the context of global crises, such as the coronavirus disease (COVID-19) pandemic, and
the need for States to ensure responsible business conduct during the crisis and a resilient
recovery,
Welcoming efforts by States to implement the Guiding Principles on Business and
Human Rights and to encourage all business enterprises to carry out human rights due
diligence, including with regard to human rights relating to the enjoyment of a safe, clean,
healthy and sustainable environment and by conducting meaningful and inclusive
consultations with potentially affected groups and other relevant stakeholders,
Recognizing the need to further enhance equality between women and men in the area
of business, in particular with regard to multiple forms of discrimination and barriers in
seeking access to effective remedies addressing the adverse impacts of business activities on
women and strengthen efforts to enhance women’s equal opportunity and leadership,
Recognizing also the valuable role played by civil society, including non-
governmental organizations, and national human rights institutions in promoting the
implementation of the Guiding Principles on Business and Human Rights and accountability
for business-related human rights abuses and in raising awareness of the human rights impact
and risks of business enterprises and activities,
Expressing concern at reports of intimidation against victims, witnesses and their
legal representatives regarding cases of business-related human rights abuse, and
emphasizing the need to ensure their safety,
Recognizing that the implementation of the Guiding Principles on Business and
Human Rights includes implementation of the access to remedy pillar, and encouraging
States to take appropriate steps to improve and encourage corporate accountability and access
to remedy for victims of business-related human rights abuse,
Reaffirming that independent and effective judicial mechanisms are at the core of
ensuring access to remedy, and calling upon States to provide effective and appropriate
judicial and non-judicial grievance mechanisms, alongside judicial mechanisms, as part of a
comprehensive State-based system for the remedy of business-related human rights abuses
and to play a helpful role in raising awareness of or facilitating access to non-State-based
grievance mechanisms, in line with the Guiding Principles on Business and Human Rights,
as part of comprehensive efforts to provide remedy for business-related human rights abuses,
Recognizing that non-State-based grievance mechanisms administered by business
enterprises, alone or with stakeholders, by industry associations or other multi-stakeholder


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initiatives may offer, in particular when aligned with the Guiding Principles on Business and
Human Rights, such benefits as speed of access and remediation and reduced costs,
Noting the role that national action plans and other such frameworks on business and
human rights can play as tools for promoting the comprehensive, coherent and effective
implementation of the Guiding Principles on Business and Human Rights,
Recognizing the shared interest of business, States and civil society in an environment
that is pluralistic and non-discriminatory, upholding the rule of law and promoting
transparency, and that responsible business enterprises benefit from and depend upon legal
certainty, transparency and predictability, and fair and effective domestic judicial
mechanisms,
Recalling the role of the Working Group on the issue of human rights and
transnational corporations and other business enterprises in promoting the effective
implementation of the Guiding Principles on Business and Human Rights and exploring
options for enhancing access to effective remedies,
Welcoming the convening by the Working Group of a global consultation on the role
of national human rights institutions in facilitating access to remedy for business-related
human rights abuses, pursuant to Human Rights Council resolution 38/13,
Recognizing that the annual Forum on Business and Human Rights has become one
of the world’s most important multi-stakeholder gatherings to promote dialogue and
cooperation on business and human rights, including with respect to challenges faced in
particular sectors, operational environments or in relation to specific rights or groups, as well
as in identifying trends, challenges, good practices and lessons learned,
Recognizing also the importance of building the capacity of Governments, business
enterprises, civil society and other stakeholders to better prevent business-related human
rights abuses, provide effective remedy and manage challenges in the area of business and
human rights, and that the United Nations system has an important role to play in this regard,
Recalling the views and recommendations of the United Nations human rights treaty
bodies, including the general comments bearing on the issue of human rights and
transnational corporations and other business enterprises, such as general comment No. 16
(2013) of the Committee on the Rights of the Child and general comment No. 24 (2017) of
the Committee on Economic, Social and Cultural Rights,
Recalling also 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 mandate holders shall discharge their duties in
accordance with those resolutions and the annexes thereto,
1. Welcomes the work of the Working Group on the issue of human rights and
transnational corporations and other business enterprises in the fulfilment of its mandate as
established in Human Rights Council resolution 17/4, including with regard to promoting the
effective and comprehensive dissemination and implementation of the Guiding Principles on
Business and Human Rights;
2. Encourages all States to enhance efforts to implement the Guiding Principles
on Business and Human Rights, including through appropriate policy frameworks,
regulations and the development of national action plans on business and human rights;
3. Encourages States and invites business enterprises to report on progress made,
challenges, and lessons learned in the implementation of the Guiding Principles on Business
and Human Rights during the annual Forum on Business and Human Rights, on a voluntary
basis;
4. Encourages all business enterprises to meet their responsibility to respect all
human rights as stated in the Guiding Principles on Business and Human Rights and in other
applicable standards, including for example by actively contributing to initiatives aimed at
fostering a culture of respect for the rule of law, for the protection of human rights, by
participating in good faith in domestic judicial and non-judicial processes, and by

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establishing effective operational-level mechanisms to enable the early resolution of


grievances;
5. Welcomes the work of the Working Group and takes note of its reports on
connecting the business and human rights and the anti-corruption agendas, 139 and on the
gender dimensions of the Guiding Principles on Business and Human Rights; 140
6. Also welcomes the role of the Working Group in regional forums and
consultations to discuss challenges and lessons learned from the implementation of the
Guiding Principles on Business and Human Rights with States and other stakeholders in a
regional context, and in this regard requests the Working Group to further develop its active
engagement in relevant regional forums from within existing resources;
7. Decides, in the context of the tenth anniversary of the Guiding Principles on
Business and Human Rights in 2021, to hold a panel discussion during the forty-seventh
session of the Human Rights Council with the participation of the Working Group and with
the objective of taking stock of progress made over the first 10 years since the endorsement
of the Guiding Principles and discussing possible further steps to improve their future
implementation by all stakeholders;
8. Welcomes the work of the United Nations High Commissioner for Human
Rights on improving accountability and access to remedy for victims of business-related
human rights abuse, and notes with appreciation her report on improving accountability and
access to remedy for victims of business-related human rights abuse through non-State-based
grievance mechanisms; 141
9. Invites States to consider using all relevant reports of the High Commissioner,
including the recommendations therein, when seeking to enhance the ability and
effectiveness of State-based grievance mechanisms and to facilitate non-State-based
grievance mechanisms;
10. Invites all business enterprises to consider the reports of the High
Commissioner when establishing or participating in effective non-State-based grievance
mechanisms that are relevant for respect by business enterprises for human rights;
11. Encourages all relevant United Nations agencies and programmes, national
human rights institutions and civil society, including non-governmental organizations, to take
into consideration the reports of the High Commissioner and of the Working Group in their
activities aimed at supporting efforts by States and business to improve accountability and
access to remedy;
12. Requests the High Commissioner to continue her work in the area of
accountability and remedy, and to convene two consultations involving representatives of
States and other stakeholders to discuss challenges, good practices and lessons learned in
enhancing access to remedy for victims of business-related human rights abuse, and to submit
a report thereon to the Human Rights Council at its fiftieth session;
13. Welcomes the role of the Working Group in guiding the three-day annual
Forum on Business and Human Rights;
14. Decides that the Working Group shall continue to guide the work of the Forum
on Business and Human Rights and to prepare its annual meetings, and invites the Working
Group to chair the Forum and to submit a report on the proceedings and thematic
recommendations of the Forum to the Human Rights Council for its consideration;
15. Also decides to extend the mandate of the Working Group on the issue of
human rights and transnational corporations and other business enterprises, as set out by the
Human Rights Council in its resolution 17/4, for a period of three years;

139 A/HRC/44/43.
140 A/HRC/41/43.
141 A/HRC/44/32 and Add.1.


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16. Requests the Working Group, in accordance with its mandate, to continue to
give due consideration to the implementation of the Guiding Principles on Business and
Human Rights in the context of the 2030 Agenda for Sustainable Development;
17. Encourages all States, relevant United Nations agencies, funds and
programmes, United Nations human rights bodies and mechanisms, and civil society actors,
including non-governmental organizations, as well as public and private businesses, within
their respective mandates, to cooperate fully with the Working Group in the fulfilment of its
mandate by, inter alia, responding to communications transmitted, as provided in paragraph
6 (b) of Human Rights Council resolution 17/4, to give due consideration to the issue of
business and human rights and, in the case of States, to reply favourably to requests for visits
by the Working Group;
18. Invites international and regional organizations to seek the views of and
collaborate with the Working Group when formulating or developing relevant policies and
instruments, and invites the Working Group to continue to collaborate closely with relevant
United Nations bodies, including the treaty bodies and the special procedures;
19. Encourages the Working Group, within its mandate, to continue its work on
the role of national human rights institutions in promoting business and human rights,
including by assisting them on their request;
20. Requests the Secretary-General and the High Commissioner to provide the
Working Group with all the resources and assistance necessary to fulfil its mandate
effectively, including its role in guiding the work of the Forum on Business and Human
Rights;
21. Also requests the Secretary-General and the High Commissioner to provide the
Forum, in a transparent manner, with all the services and facilities necessary, bearing in mind
the growing participation in the Forum and paying particular attention to regional balance
and ensuring participation of affected individuals and communities;
22. Decides to continue its consideration of this question in conformity with its
annual programme of work.
28th meeting
17 July 2020
[Adopted without a vote.]

44/16. Elimination of female genital mutilation


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations,
Reaffirming the Universal Declaration of Human Rights,
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 Convention on the Rights of the Child and
the optional protocols thereto, the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment, the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families and all other relevant
international human rights instruments,
Reaffirming that the Convention on the Rights of the Child and the Convention on the
Elimination of All Forms of Discrimination against Women, together with the optional
protocols thereto, constitute an important contribution to the legal framework for the
protection and promotion of the human rights and fundamental freedoms of all women and
girls,
Recalling General Assembly resolution 73/149 of 17 December 2018, on intensifying
global efforts for the elimination of female genital mutilation, and all other relevant
resolutions of the Assembly and the Commission on the Status of Women on measures to

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eliminate traditional practices that are detrimental to women’s and girls’ enjoyment of human
rights, as well as Human Rights Council resolution 38/6 of 5 July 2018 on the elimination of
female genital mutilation and other Council resolutions on the same topic,
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 for Action and the outcome documents of their review conferences,
Recalling further the commitment made by States to achieve gender equality and the
empowerment of all women and girls in the 2030 Agenda for Sustainable Development and
the Addis Ababa Action Agenda of the Third International Conference on Financing for
Development,
Recalling the annual commemoration of the International Day of Zero Tolerance for
Female Genital Mutilation, on 6 February, with the aim to enhance awareness-raising
campaigns and to take concrete action against female genital mutilation,
Recognizing that, like all other harmful practices, including child, early and forced
marriage, female genital mutilation constitutes a human rights violation and a form of
violence against women and girls that is mainly motivated and perpetuated by gender
inequality and discriminatory social norms that jeopardize the recognition, enjoyment and
exercise of their human rights and fundamental freedoms while posing a serious threat to
their health and well-being, including physical integrity and mental, sexual and reproductive,
maternal, newborn and child health,
Recognizing also that the practice of female genital mutilation has no documented
health benefits and may, on the contrary, increase the risk of sickness and death, that it causes
severe stress and shock, that it may give rise to post-partum and obstetric complications such
as fistula or haemorrhage, and that it is likely to increase vulnerability to HIV and hepatitis
B and C and to cause other health problems,
Recognizing further that all harmful practices, including female genital mutilation,
when perpetrated against girl children, have particular detrimental consequences for their
health and growth, and recalling in that regard the need to guarantee the right of girl children
to be free from all forms of violence,
Recognizing that the practice of female genital mutilation continues to have an adverse
effect not only on the economic, legal, health and social status of all women and girls but
also on the development of society as a whole, while the empowerment of and investment in
women and girls, the full enjoyment of their human rights and their full, equal, effective and
meaningful participation at all levels of decision-making are key to breaking the cycle of
gender inequality, discrimination, gender-based violence and poverty and are critical to, inter
alia, sustainable development,
Recognizing also that harmful practices such as female genital mutilation are an
impediment to the full realization of gender equality and the empowerment of women and
girls and to the respect for, and protection and fulfilment of, all human rights and fundamental
freedoms of women and girls and the development of their full potential as equal partners
with men and boys, as well as to the achievement of the Sustainable Development Goals, and
convinced that such harmful practices seriously impede the implementation of legislative and
normative frameworks that guarantee gender equality and human rights and prohibit gender-
based discrimination and violence,
Deeply concerned that, despite increased national, regional and international efforts,
the harmful practice of female genital mutilation, like many other harmful practices, persists
in all parts of the world, that it is exacerbated in humanitarian situations, armed conflicts,
pandemics and other crises, and that new forms, such as medicalization and cross-border
practice, are emerging,
Recognizing that the prevention and elimination of female genital mutilation is a
national development, human rights and public health priority, thereby requiring a
comprehensive and multisectoral approach based on States’ obligations under international
human rights law and underpinned by the principles of, inter alia, accountability,


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participation, transparency, empowerment, sustainability, equality and non-discrimination,


and international cooperation,
Considering that holistic strategies to prevent and eliminate female genital mutilation
must be mainstreamed and coordinated both vertically and horizontally, and that horizontal
coordination requires the joint participation of organizations across sectors, including
education, health, justice, social welfare, law enforcement, immigration and asylum, and
communications and media, while vertical coordination brings together stakeholders at the
national, subnational and local levels, including, inter alia, parliamentarians, national human
rights institutions, traditional community leaders and religious authorities, women and girls,
parents, legal guardians and families, health-care providers, civil society, human rights
groups, youth organizations and men and boys,
Recognizing that the practice of female genital mutilation constitutes torture or ill-
treatment and must be prohibited, in accordance with regional and international human rights
standards,
Expressing deep concern about the lack of effective measures for prosecuting
perpetrators and for providing victims and survivors of female genital mutilation with access
to remedies and redress, health care and health services, mental health and psychosocial
counselling, legal assistance and socioeconomic reintegration services,
Noting that human rights accountability means not only the establishment of
protection measures ensuring criminal liability and the provision of legal remedies but also
the implementation of a broad range of other measures in the design, implementation and
monitoring of policies, programmes and services to ensure women’s and girls’ enjoyment of
human rights with the full, equal active and meaningful participation of women and girls at
risk of and affected by female genital mutilation,
Noting with concern that many countries lack accurate and reliable data on female
genital mutilation to inform planning and track progress in eliminating female genital
mutilation due to the absence of indicators in administrative data systems, the absence of
robust monitoring and evaluation frameworks to track progress and the absence of standard
guidelines on data collection,
Bearing in mind the most recent global and national commitments made by States,
including in the 2019 Ouagadougou call to action on eliminating female genital mutilation
and the 2019 Cairo call to action for the elimination of child marriage and female genital
mutilation in Africa, to accelerate efforts to ensure the global elimination of the practice of
female genital mutilation by 2030,
Welcoming the growing global consensus on the need to take appropriate measures to
prevent and eradicate female genital mutilation, and considering that this practice cannot be
justified on religious or cultural grounds,
Welcoming also initiatives, such as the Saleema initiative launched by the African
Union, to galvanize political action, increase allocation of financial resources and strengthen
partnerships to end female genital mutilation,
Deeply concerned about studies indicating that the coronavirus disease (COVID-19)
crisis could drive international, regional and national efforts away from the prevention and
elimination of female genital mutilation and other harmful practices, which could result in
delayed programme implementation and at least 2 million additional cases of female genital
mutilation that could have been averted by 2030,
Reaffirming the obligations and commitments of States to respect, protect and fulfil
the human rights and fundamental freedoms of women and girls and to prevent and eliminate
the practice of female genital mutilation, and emphasizing in this regard the specific role of
the different departments of government, the legislative branch and the judiciary at the
national and subnational levels,
Bearing in mind that States have the primary responsibility for preventing and
eliminating female genital mutilation and for achieving zero tolerance of the practice,

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1. Takes note with appreciation of the report of the United Nations High
Commissioner for Human Rights on the expert group meeting on the elimination of female
genital mutilation; 142
2. Urges States to condemn all harmful practices that affect women and girls, in
particular female genital mutilation, including medical acts performed within or outside of
medical institutions, and to take all necessary measures to prohibit female genital mutilation
and to protect women and girls from this form of violence;
3. Also urges States to ensure the protection of and provision of support to women
and girls subjected to, or at risk of, female genital mutilation, and to address the underlying
systemic and structural causes in which the harmful practice is rooted by establishing well-
defined, comprehensive, rights-based, gender-responsive and multisectoral prevention and
response strategies that include supportive legislation and policy, programme and budgetary
measures based on integrated, coordinated and collective approaches combining political
commitment, civil society engagement and accountability at the national, local and
community levels;
4. Further urges States to ensure that national action plans and strategies on the
prevention and elimination of female genital mutilation are adequately resourced and include
projected timelines for goals, and incorporate clear targets and indicators for the effective
monitoring, impact assessment and coordination of programmes among all relevant
stakeholders and promote their participation, including the participation of affected women
and girls, practising communities and non-governmental organizations, in the development,
implementation, monitoring and evaluation of such plans and strategies;
5. Encourages States to put in place national coordination mechanisms to prevent
and eliminate female genital mutilation and ensure their sustainability and effectiveness by
recognizing, preferably by law, their convening authority and by providing them with
adequate financial resources and capacities so that they can oversee the implementation of
comprehensive and multisectoral strategies, national plans, policies and programmes, and
mobilize relevant actors, including girls, women, parents, legal guardians and families,
women’s organizations, health-care workers, youth groups, human rights groups, religious
and traditional leaders, community leaders, men and boys and other members of civil society
and national stakeholders as appropriate to participate in the design, implementation and
monitoring of national efforts to prevent and end female genital mutilation and provide care
for women and girls who have undergone female genital mutilation;
6. Also encourages States to integrate the prevention of and response to female
genital mutilation into national development plans and poverty reduction strategies through
the active participation of all relevant ministries, parliamentarians, the judiciary, national
human rights institutions, civil society organizations and other relevant stakeholders;
7. Urges States to identify and make available adequate and specifically
designated resources to prevent and eliminate female genital mutilation across relevant
sectors, including health, nutrition, protection, justice, governance and education, for the
effective implementation of related policies, programmes and legislative frameworks;
8. Also urges States to respect, protect and promote the human rights of all
women and girls, and to adopt and expedite the implementation of laws, policies and
programmes that protect and enable the enjoyment by them of all human rights and
fundamental freedoms, including with regard to sexual and reproductive health;
9. Calls upon States to take comprehensive, multisectoral and rights-based
measures to prevent and eliminate female genital mutilation by:
(a) Addressing the root causes of gender inequality, including gender stereotypes
and negative social norms, attitudes and behaviours, the socioeconomic drivers of violence
and unequal power relations in which women and girls are viewed as subordinate to men and
boys, which perpetuate female genital mutilation, by developing and implementing, inter alia,
awareness-raising programmes that provide accurate information about the negative impact

142 A/HRC/44/33.


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of female genital mutilation on women and girls and society at large, including through social
media, the Internet and community communication and dissemination tools;
(b) Placing special emphasis on formal and informal education, in particular for
young people, including girls, and for parents, legal guardians and families, and religious,
traditional and community leaders, about the harmful effects of female genital mutilation
and, in particular, encourage men and boys to become agents of change within communities
by being more involved in information and awareness-raising campaigns, intergenerational
dialogues and peer education and training programmes, with the full, equal, effective and
meaningful participation of women and girls who have been subjected to or are at risk of
being subjected to the practice;
(c) Facilitating the creation of safe spaces, online and offline, where girls and
women can connect with peers, mentors, teachers and community leaders and express
themselves and articulate their aspirations and concerns, and where girls, in a manner
consistent with their evolving capacities, and women participate meaningfully in decisions
affecting their lives;
(d) Developing, supporting and promoting educational programmes on human
rights, gender equality, health and life skills that challenge the negative stereotypes and
harmful attitudes and practices that sustain female genital mutilation and perpetuate violence
and discrimination against women and girls;
(e) Training social workers, teachers, medical personnel, community and religious
leaders and relevant professionals, ensuring that they provide competent and supportive
services to all women and girls who are at risk of or who have undergone female genital
mutilation and encouraging them to report to the appropriate authorities cases in which they
believe that women or girls are at risk;
(f) Ensuring that universal health coverage integrates the prevention and treatment
of the health risks and health complications associated with female genital mutilation,
including through access at the primary health-care level to the mental, sexual, reproductive,
maternal, newborn and child health-care services needed for women and girls affected by or
at risk of female genital mutilation;
(g) Ensuring a more holistic and coordinated approach to the humanitarian-
development nexus by integrating the prevention and response to female genital mutilation
into humanitarian preparedness and response, including in the continuum of essential
services for gender-based violence;
(h) Stopping the medicalization of female genital mutilation, which implies
drawing up and disseminating guidance and legal provisions for medical personnel and
traditional birth attendants so that they are able to respond to social pressures in their
interaction with local communities to perform medicalized female genital mutilation, and to
provide an adequate response to the chronic mental, psychosocial and physical health
problems of the millions of women and girls who have undergone female genital mutilation,
as these problems hinder progress in the field of health in general and in the protection of
human rights, including the right to the enjoyment of the highest attainable standard of
physical and mental health;
(i) Protecting and supporting women and girls who have been subjected to female
genital mutilation and those who are at risk, including by developing interdisciplinary,
accessible, sustained and coordinated social, legal and psychological support services and
appropriate remedies and ensuring health-care services, including for mental, sexual,
reproductive, maternal, newborn and child health;
(j) Conducting specialized awareness-raising and training programmes for health-
care providers, including those working with immigrant communities, to address the unique
health-care needs of women and girls who have undergone female genital mutilation or other
harmful practices, and providing specialized training also for professionals within child
welfare services and services focused on the rights of women, and within the education and
police and justice sectors, and for politicians and media personnel working with refugee and
migrant girls and women;

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10. Urges States to take measures to develop and strengthen accountability


systems in the context of comprehensive and multisectoral strategies, policies, plans and
budgets to prevent and eliminate female genital mutilation, including by:
(a) Adopting national legislation prohibiting female genital mutilation, in
accordance with international human rights law, and ensuring its strict application, while
working to harmonize their laws in order to effectively combat the cross-border practice of
female genital mutilation, including by strengthening transnational police and judicial
cooperation in the exchange of information on victims and perpetrators of female genital
mutilation, in accordance with national laws and policies and international human rights law;
(b) Ensuring timely and effective remedies for women and girls at risk of or
affected by female genital mutilation, including by informing women and girls about their
rights, removing all barriers to access to legal assistance and remedies, providing gender- and
age-responsive training for law enforcement officials and other relevant authorities, and
ensuring child-friendly justice, the best interests of the child and the right to privacy at all
stages of proceedings;
(c) Establishing or strengthening mechanisms to enable safe reporting of cases that
are likely to occur or have occurred and to provide referrals to needed services and accurate
gender-sensitive and age-appropriate information about female genital mutilation;
(d) Taking, within the general framework of integration policies and in
consultation with affected communities, effective and specific targeted measures for refugee
and migrant women and girls, their families and their communities in order to protect women
and girls everywhere from female genital mutilation, including when the practice occurs
outside the country of residence;
(e) Assisting professional associations and trade unions of health service providers
in adopting internal disciplinary rules prohibiting their members from engaging in the
harmful practice of female genital mutilation;
(f) Ensuring that national strategies and coordination mechanisms to prevent and
eliminate female genital mutilation include transparent forms of monitoring, review and
oversight of policies, programmes and budgets in order to improve the quality and
responsiveness of prevention and response services;
(g) Ensuring that adequate monitoring mechanisms are in place at the national and
local levels to track progress in protecting women and children from harmful practices and
in realizing their rights;
(h) Developing the capacity of national human rights institutions to investigate
human rights violations relating to the practice of female genital mutilation and to monitor
progress in preventing and eliminating this harmful practice;
(i) Systematizing the collection of data on female genital mutilation disaggregated
by, inter alia, age, geographical location and ethnic and migrant status, encouraging research,
particularly at the university level, transparency, accountability and data-sharing by relevant
stakeholders and between countries, using the results of research to strengthen public
information and awareness-raising activities, and measuring the effectiveness and impact of
existing policies and programmes and the progress made in eliminating female genital
mutilation;
(j) Promoting, as appropriate, the free, active, informed and meaningful
participation of civil society organizations and of women and girls at risk of or affected by
female genital mutilation in social accountability mechanisms to monitor policies,
programmes, budgets and services designed to prevent and eliminate female genital
mutilation, as well as the effective implementation of public declarations of abandonment;
(k) Taking all necessary measures to enable the equal participation of affected girls
and of youth-led organizations, including, but not limited to, providing youth-friendly
information on participation processes, making available financial resources to girls and
youth-led organizations to cover costs related to their participation, and ensuring that their
participation is not instrumentalized or deemed irrelevant by dominant entities within
participatory processes;


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11. Calls upon States to take a comprehensive, rights-based, gender-responsive


and multisectoral approach in the prevention and response to female genital mutilation in the
context of the COVID-19 pandemic and to pay attention to the specific needs of women and
girls, in particular those in vulnerable situations, in terms of, inter alia, accessibility and
adequacy of information about the pandemic, the ability to maintain social distance, and
access to testing and treatment as well as to essential health-care and other services, such as
safe spaces, shelters and other social protection services, while ensuring that the front-line
health and social workers assisting them have access to adequate means of protection from
the virus;
12. Calls upon all States to engage in dialogue and to consult with States and other
relevant stakeholders, including United Nations bodies, specialized agencies, funds and
programmes, to prioritize female genital mutilation as a globally relevant issue and to
increase their development cooperation efforts – technical and financial assistance, and
South-South and triangular cooperation – for the effective implementation of comprehensive
and multisectoral strategies, policies, programmes and action plans to prevent and eliminate
female genital mutilation, and encourages States and development cooperation agencies to
consider increasing their financial support for the Joint Programme on Female Genital
Mutilation/Cutting: Accelerating Change of the United Nations Population Fund and the
United Nations Children’s Fund, and for all of the other initiatives and activities at the local,
regional and international levels;
13. Urges States to implement the commitments made in the context of the most
recent global and regional conferences for the elimination of female genital mutilation and
to report on progress in meeting these commitments in the context of existing national,
regional and international human rights and sustainable development reporting and review
processes;
14. Decides to convene a high-level panel discussion on the multisectoral
prevention of and response, including the global response, to female genital mutilation at its
forty-seventh session, inviting States, civil society organizations, United Nations agencies,
women and girls and other relevant stakeholders to share good practices in developing
comprehensive, gender-responsive, rights-based and multisectoral coordination, planning,
financial and monitoring arrangements to prevent and eliminate female genital mutilation on
the basis of the human rights principles of accountability, participation, transparency,
empowerment and equality and non-discrimination, and ensuring the sustainability of
international, regional and national efforts to end female genital mutilation in the context of
global pandemics and economic shocks, and requests the United Nations High Commissioner
for Human Rights to prepare a summary report on the panel discussion, to be submitted to
the Human Rights Council at its fiftieth session;
15. Also decides to continue its consideration of the question of female genital
mutilation in accordance with its programme of work.
28th meeting
17 July 2020
[Adopted without a vote.]

44/17. Elimination of all forms of discrimination against women


and girls

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 Convention on the
Elimination of All Forms of Discrimination against Women, the Convention on the Rights
of the Child, the Convention on the Elimination of All Forms of Racial Discrimination and
all other relevant human rights treaties and instruments,
Recalling that gender equality and the condemnation of discrimination and violence
against women and girls have been recognized in the Vienna Declaration and Programme of

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Action, the Programme of Action of the International Conference on Population and


Development, the Beijing Declaration and Platform for Action and the outcome documents
of their review conferences, the Durban Declaration and Programme of Action and the
outcome document of the Durban Review Conference,
Noting that 2020 marks the twenty-fifth anniversary of the Fourth World Conference
on Women and the adoption of the Beijing Declaration and Platform for Action, which have
contributed greatly to the progress made towards achieving substantive gender equality and
the empowerment of women and girls, and in this regard welcoming the political declaration
adopted by the Commission on the Status of Women at its sixty-fourth session on the
occasion of the anniversary,
Recalling all relevant resolutions and agreed conclusions adopted by the Human
Rights Council, the General Assembly, the Security Council, in particular Security Council
resolution 1325 (2000) of 31 October 2000 on women, peace and security, the Commission
on the Status of Women and other United Nations agencies and bodies that consider the issue
of discrimination against women and girls,
Recalling also the inclusion of both gender equality and the empowerment of all
women and girls as a stand-alone goal and their mainstreaming into all goals and targets of
the 2030 Agenda for Sustainable Development, and the adoption of the Addis Ababa Action
Agenda of the Third International Conference on Financing for Development,
Underscoring the fact that international human rights law prohibits discrimination,
inter alia on the basis of gender, and that national legislation, policies and practices should
comply with States’ international obligations,
Expressing profound concern at the backlash against progress made by States,
international and regional organizations and civil society, including women’s and girls’ rights
and community-based organizations, feminist groups, women and girl human rights
defenders, trade unions and girl- and youth-led organizations, to respect, protect and fulfil all
human rights, and recognizing that these retrogressions can be linked to economic crisis and
inequality, racial discrimination, negative social norms and gender stereotypes, retrogressive
lobbies, ideological views or misuse of culture or religion to oppose the struggle for women’s
and girls’ equal rights,
Recognizing that women and girls are subject to multiple, intersecting and systemic
forms of discrimination throughout their life based on, inter alia, gender, age, race, ethnicity,
indigeneity, religion or belief, physical and mental health, disability, civil status,
socioeconomic background and migration status, in private and public spaces, both online
and offline, and that substantive equality requires the elimination of the root causes of
structural discrimination against them, including deep-rooted patriarchal and gender
stereotypes, negative social norms, sociopolitical and economic inequalities and systemic
racism, as well as traditional understandings of gender roles that perpetuate unequal power
relations, discriminatory attitudes, behaviours, norms, perceptions, customs and harmful
practices, such as female genital mutilation and child, early and forced marriage,
Acknowledging that States should consider recognizing intersecting and systemic
discrimination in law and in practice where applicable, and address its compounded impact
on women and girls by adopting and implementing policies and programmes that take into
consideration multiple and intersecting forms of discrimination, and recognizing the
importance of men and boys fully engaging as strategic partners and allies, as well as agents
and beneficiaries of change, for the achievement of gender equality and the empowerment of
all women and girls,
Reaffirming that the full enjoyment of all human rights by all women and girls
includes sexual and reproductive health and reproductive rights, free from coercion,
discrimination and violence,
Recognizing that sexual and reproductive health information and services include,
inter alia, accessible and inclusive family planning, safe and effective methods of modern
contraception, emergency contraception, prevention programmes for adolescent pregnancy,
maternal health care and services, such as skilled birth assistance and emergency obstetric
care, including midwives for maternity services, perinatal care, safe abortion where not


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against national law, post-abortion care, and prevention and treatment of reproductive tract
infections, sexually transmitted infections, HIV and reproductive cancers,
Deeply concerned that the COVID-19 crisis has exacerbated pre-existing forms of
inequality and systemic discrimination faced by women and girls, including patriarchy,
racism, stigma, xenophobia and socioeconomic inequalities, and has increased the occurrence
of sexual and gender-based violence and harassment, women’s and girls’ disproportionate
share of unpaid care and domestic work, as well as loss of employment and livelihoods,
particularly among women who work in the informal sector,
Noting that women make up 70 per cent of frontline workers in the health and social
sector across a range of occupations, and deeply concerned that the COVID-19 pandemic has
significant implications for women by virtue of their gender, including in equitable and
appropriate access to health-care services, taking disproportionate responsibility for unpaid
care work and domestic workloads, and that the economic impact of the COVID-19 pandemic
will put women’s and girls’ livelihoods and economic security at significant risk,
1. Calls upon States:
(a) To ratify or accede to the Convention on the Elimination of All Forms of
Discrimination against Women, and to consider ratifying or acceding to the Optional Protocol
to the Convention as a matter of particular priority;
(b) To limit the extent of any reservations and to formulate them as precisely and
narrowly as possible to ensure that no reservations are incompatible with the object and
purpose of the Convention, in accordance with the Vienna Convention on the Law of
Treaties;
(c) To implement the Convention through appropriate legislation, regulation,
policies and programmes, including in relation to women’s and girls’ access to justice,
redress and effective remedies;
(d) To cooperate fully with the Committee on the Elimination of Discrimination
against Women, and other human rights treaty bodies, and to implement its
recommendations, as appropriate;
2. Takes note of the work undertaken by the Working Group on the issue of
discrimination against women and girls, 143 including its recommendations to States with
regard to their international obligations to support substantive equality by adopting
appropriate measures, including temporary special measures, necessary to prevent, redress
and eliminate patriarchal and gender stereotypes that cause or perpetuate discrimination in
all spheres of life;
3. Calls upon States:
(a) To repeal all laws and policies that exclusively or disproportionately target or
criminalize the actions or behaviour of women and girls, and laws and policies that
discriminate against them, based on any grounds, including any custom, tradition or misuse
of culture or religion, and to create accountability mechanisms to end impunity and prevent,
eliminate and remedy the discriminatory application of the law;
(b) To consider reviewing all proposed and existing legislation in accordance with
international human rights obligations, using an intersectional approach that takes into
consideration, inter alia, age, gender and the historical, social, economic, cultural and
political contexts of women’s and girls’ realities;
(c) To promote and implement legislation, regulation, policies and programmes
that facilitate substantive equality, the social, political and economic empowerment of all
women and girls, and prevent and eliminate all forms of discrimination and gender-based
violence and harassment, including in the workplace, in digital contexts and in education;

143 See A/HRC/44/51 and Add.1.

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(d) To establish more inclusive and gender-responsive social protection systems,


to facilitate the transition from informal to formal work, and to ensure universal access to
nationally appropriate social protection for all, without discrimination;
4. Urges States:
(a) To respect, protect and fulfil all women’s and girls’ equal enjoyment of all
human rights by preventing and eliminating all forms of discrimination by all actors, State
and non-State, in particular by combating gender-based and other bias, and acknowledging
that multiple and intersecting forms of discrimination perpetuate deeply damaging
stereotypes;
(b) To remove political, legal, social, practical, structural, cultural, economic,
institutional or religious barriers that prevent the full, equal, effective and meaningful
participation of women and, as appropriate, girls in all fields, including participation of
women in leadership at all levels of decision-making in public and private sectors, and to
actively promote diversity in leadership and a culture of inclusive and enabling leadership;
(c) To support substantive gender equality, including within families, in particular
in the promotion of measures for the equal sharing of responsibilities in relation to unpaid
care work, the burden of which the COVID-19 pandemic has exacerbated for women and
girls;
(d) To ensure women’s representation and leadership in local, national and global
policy spaces and decision-making with regard to the COVID-19 pandemic, including
concerning preparedness, response and recovery, and the allocation of funding and
assistance;
(e) To promote long-term awareness-raising initiatives in education, in
communities in the media and online, engaging men and boys, through the incorporation of
curricula on all women’s and girls’ rights into teacher training courses, on topics including
the root causes of gender-based discrimination and the prevention of sexual and gender-based
violence, including domestic violence, and by ensuring universal access to evidence-based
comprehensive sexuality education;
(f) To include an understanding of multiple and intersecting forms of
discrimination in any training on combating gender bias for State officials;
5. Urges Member States to prevent and respond to the increase in violence against
women and girls amid the COVID-19 pandemic by integrating prevention, response and
protection measures into COVID-19 response plans, including through strengthened law
enforcement and justice for victims and survivors of violence, designating and expanding the
capacity of domestic violence shelters as essential services and increasing resources for them,
in collaboration with civil society and communities, and stepping up advocacy and
awareness-raising campaigns to address violence against women during confinement;
6. Calls upon States to implement policies and actions directed:
(a) To collect, share, promote, support, implement and widely publicize evidence
and good practices, including awareness-raising programmes to prevent and eliminate all
forms of discrimination against women and girls and to counter gender and other
stereotyping, negative portrayals of women and girls, including those who face multiple and
intersecting forms of discrimination, to reduce sexual and gender-based violence and to
promote and support the implementation of awareness-raising programmes to combat gender
and other stereotypes and gender-based discrimination in all settings;
(b) To ensure access to justice and accountability mechanisms and timely and
effective remedies for the effective implementation and enforcement of laws aimed at
preventing and eliminating all forms of discrimination and gender-based violence, including
by informing women and girls about their rights under relevant laws in an accessible way
and by improving legal infrastructure, and mainstreaming age- and gender-responsive
training into justice systems to ensure equality before the law and equal protection of women
and girls by the law;


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(c) To modify social and cultural patterns of conduct in order to prevent and
eliminate racist, xenophobic, patriarchal, disability, age and gender stereotypes and any other
negative social norms, attitudes or behaviours, or unequal power relations that view women
and girls as subordinates or that underlie and perpetuate multiple and intersecting forms of
discrimination and violence against women and girls;
7. Urges States to respect, protect and fulfil the right to sexual and reproductive
health, free from discrimination, coercion and violence, including by addressing social and
other determinants of health, the removal of legal barriers and the development and
enforcement of policies, good practices and legal frameworks that respect dignity, integrity
and the right to bodily autonomy and guarantee universal access to sexual and reproductive
health services and evidence-based information and education, including for family planning;
8. Also urges States to develop, support and protect an enabling environment for
the full, effective, meaningful and equal participation of civil society, including women’s and
girls’ rights organizations, feminist groups and women and girl human rights defenders and
girl- and youth-led organizations in the creation, design, implementation and monitoring of
all legislation and policies relevant to achieving substantive gender equality;
9. Calls upon States to take a human rights-based and gender-responsive
approach in their responses to the COVID-19 pandemic, and to pay special attention to
women and girls, in particular those in vulnerable situations, and their specific needs,
including protection from xenophobia, social stigma, sexual and gender-based violence, and
domestic violence; equal access to livelihood and socioeconomic opportunities, health-care
services, including testing, treatment and vaccines, timely, adequate and accurate information
about the pandemic; the ability to maintain social distancing; and access to testing and
treatment, and to other necessities, including food, education, adequate housing, safe
drinking water and sanitation, and essential health services, including sexual and
reproductive health information and services;
10. Urges States to systematically gather outbreak-related data that are
disaggregated by sex, age, disability and other characteristics relevant in national contexts,
to examine and report on the gender-specific and intersectional health, social and economic
effects of the COVID-19 pandemic on women and girls, both direct and indirect, as well as
on the gender-specific human rights impact of the pandemic, and utilize these data in the
formulation of responses;
11. Calls upon all States to continue to develop and enhance standards and
methodologies using a human rights-based approach in the design and roll-out of population
censuses and household surveys, as well as in the collection, analysis and dissemination of
gender statistics, and sex-, age- and disability- disaggregated data by strengthening national
statistical capacity, including by enhancing the mobilization, from all sources, of financial
and technical assistance to enable developing countries to systematically design, collect and
ensure access to high-quality, reliable and timely data disaggregated by sex, age, disability,
income and other characteristics relevant in national contexts;
12. Also calls upon all States to cooperate with and assist the Working Group in
its task, to supply all necessary available information requested by it and to give serious
consideration to responding favourably to its requests to visit their country to enable it to
fulfil its mandate effectively, invites relevant United Nations agencies, funds and
programmes, in particular the United Nations Entity for Gender Equality and the
Empowerment of Women, the treaty bodies and other special procedures, within their
respective mandates, and civil society actors, as well as the private sector, to cooperate fully
with the Working Group in the fulfilment of its mandate, and requests the Working Group to
continue to engage with the Commission on the Status of Women, including by participating
in its work and formally reporting;
13. Requests the Secretary-General to ensure that the reports of the Working Group
are brought to the attention of the Commission on the Status of Women and the General
Assembly, and requests the Working Group to present an oral report annually to the
Commission and to the Assembly;

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14. Welcomes the annual full-day discussion on women’s human rights held at its
forty-fourth session, and requests the Office of the United Nations High Commissioner for
Human Rights to present a summary report on the annual discussion to the Council at its
forty-seventh session;
15. Decides to continue its consideration of the issue of the elimination of all forms
of discrimination against women and girls as a matter of high priority, in conformity with its
programme of work, at its fiftieth session.
28th meeting
17 July 2020
[Adopted without a vote.]

44/18. Enhancement of international cooperation in the field of


human rights
The Human Rights Council,
Reaffirming its commitment to promoting international cooperation, as set forth in the
Charter of the United Nations, in particular Article 1, paragraph 3 thereof, and relevant
provisions of the Vienna Declaration and Programme of Action, adopted at the World
Conference on Human Rights on 25 June 1993, for enhancing genuine cooperation among
Member States in the field of human rights,
Recalling General Assembly resolution 70/1 of 25 September 2015, entitled
“Transforming our world: the 2030 Agenda for Sustainable Development”, in which the
Assembly adopted a comprehensive, far-reaching and people-centred set of universal and
transformative Sustainable Development Goals,
Recalling also 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 further the United Nations Millennium Declaration, adopted on 8
September 2000, General Assembly resolution 74/153 of 18 December 2019, Human Rights
Council resolution 41/3 of 11 July 2019 and the resolutions of the Commission on Human
Rights on the enhancement of international cooperation in the field of human rights,
Recalling General Assembly resolution 41/128 of 4 December 1986, entitled
“Declaration on the Right to Development”, in which the Assembly stated that States have
the duty to cooperate with each other in ensuring development and eliminating obstacles to
development,
Recalling also General Assembly resolution 48/141 of 20 December 1993, entitled
“High Commissioner for the promotion and protection of all human rights”, in which the
Assembly recalled that one of the purposes of the United Nations enshrined in the Charter is
to achieve international cooperation in the promotion and encouragement of respect for
human rights,
Reaffirming General Assembly resolution 33/134 of 19 December 1978, entitled
“United Nations Conference on Technical Cooperation among Developing Countries”, in
which the Assembly endorsed the Buenos Aires Plan of Action for Promoting and
Implementing Technical Cooperation among Developing Countries,
Recalling resolution 2000/22 of 18 August 2000 on the promotion of dialogue on
human rights issues, adopted by the Subcommission on the Promotion and Protection of
Human Rights at its fifty-second session,
Taking note with appreciation of the final document and declaration adopted at the
Eighteenth Summit of Heads of State and Government of the Movement of Non-Aligned
Countries, held in Baku on 25 and 26 October 2019, in which the Heads of State and
Government reiterated their position, inter alia, that South-South cooperation is a collective
endeavour among peoples and countries of the South based on the principles of solidarity and


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on the premises, conditions and objectives that are specific to the historic and political context
of developing countries and to their needs and expectations for the attainment of the
Sustainable Development Goals, that South-South cooperation is a complement to and not a
substitute for North-South cooperation, and also reiterated that North-South cooperation is
an important element of international cooperation for the sustainable development of the
countries of the South, including through the transfer of technologies, on favourable,
preferential and concessional terms,
Recalling the World Conference against Racism, Racial Discrimination, Xenophobia
and Related Intolerance held in Durban, South Africa, from 31 August to 8 September 2001,
and the Durban Review Conference held in Geneva from 20 to 24 April 2009, and the
political declaration of the high-level meeting of the General Assembly to commemorate the
tenth anniversary of the adoption of the Durban Declaration and Programme of Action, and
their role in the enhancement of international cooperation in the field of human rights,
Deeply concerned by the unprecedented effects of the coronavirus disease (COVID-
19) pandemic, including the severe disruption to societies and economies, and to global travel
and commerce, and the devastating impact on physical and mental health and the livelihoods
of people,
Recalling General Assembly resolutions 74/270 of 2 April 2020, on global solidarity
to fight the coronavirus disease 2019 (COVID-19), and 74/274 of 20 April 2020, on
international cooperation to ensure global access to medicines, vaccines and medical
equipment to face COVID-19,
Noting the unprecedented economic and social impact of the COVID-19 pandemic,
and emphasizing the need for safe, efficacious, affordable and equitable access, and the
availability and distribution of COVID-19-related diagnostics, therapeutics, medicines and
vaccines to everyone in all States as global public health goods,
Recognizing with deep concern the impact of high debt levels on countries’ ability to
withstand the impact of the COVID-19 shock, and in this regard reaffirming the need for
enhanced international cooperation and assistance,
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,
Recognizing also 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
Member States to comply with their human rights obligations for the benefit of all human
beings,
Underlining that cooperation is not just a matter of relations of good neighbourliness,
coexistence or reciprocity, but also of a willingness to look beyond mutual interests in order
to advance the general interest,
Recognizing that the Movement of Non-Aligned Countries, in its Baku Declaration of
6 April 2018, identified the need to promote unity, solidarity and cooperation among States
and pledged to strive to make a constructive contribution towards building a new pattern of
international relations based on the principles of peaceful coexistence, cooperation among
nations and the right to equality of all States,
Stressing the importance of international cooperation for improving the living
conditions of all in every country, including in particular in least developed and developing
countries,
Recognizing the need to continue to mutually enrich South-South cooperation, based
on the diverse experiences of and good practices from South-South cooperation, triangular
cooperation and North-South cooperation, and to further explore complementarities and
synergies between them with the aim of enhancing international cooperation in the field of
human rights,

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Determined to take new steps forward in the commitment of the international


community with a view to achieving substantial progress in human rights endeavours through
an increased and sustained effort of international cooperation and solidarity,
Recalling General Assembly resolution 60/251 of 15 March 2006, in which the
Assembly established the Human Rights Council, and reaffirming that the work of the
Council shall be guided by the principles of universality, impartiality, objectivity and non-
selectivity, constructive international dialogue and cooperation with a view to enhancing the
promotion and protection of all human rights, civil, political, economic, social and cultural
rights, including the right to development,
Recognizing that the enhancement of international cooperation and genuine dialogue
contributes to the effective functioning of the international human rights system,
Reiterating the role played by the universal periodic review as an important
mechanism contributing to the enhancement of international cooperation in the field of
human rights,
Recalling Human Rights Council resolution 6/17 of 28 September 2007, 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 developed
countries and landlocked developing countries, in the universal periodic review mechanism,
and to establish also a 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 States to implement recommendations emanating from the
universal periodic review in consultation with, and with the consent of, the State concerned,
Reaffirming that dialogue among and within religions, cultures and civilizations in the
field of human rights could contribute greatly to the enhancement of international cooperation
in this field,
Reiterating the important role that genuine human rights dialogue can play in the
enhancement of cooperation in the field of human rights at the bilateral, regional and
international levels,
Emphasizing that human rights dialogue should be constructive and based on the
principles of universality, indivisibility, objectivity, non-selectivity, non-politicization,
mutual respect and equal treatment, with the aim of facilitating mutual understanding and
strengthening constructive cooperation, including through capacity-building and technical
cooperation between States,
Recognizing that cultural diversity and the promotion and protection of cultural rights
are sources of mutual enrichment for the cultural life of humankind, and reaffirming that
cultural diversity represents a source of unity rather than division and a vehicle for creativity,
social justice, tolerance and understanding,
Emphasizing the need for further progress in the promotion and encouragement of
respect for human rights and fundamental freedoms through, inter alia, international
cooperation,
Underlining the fact that mutual understanding, dialogue, cooperation, transparency
and confidence-building are fundamental elements in all activities for the promotion and
protection of human rights,
Stressing the need to explore ways and means for enhancing genuine cooperation and
constructive dialogue among Member States in the field of human rights,
1. Reaffirms that it is one of the purposes of the United Nations and also the
primary responsibility of States to promote, protect and encourage respect for human rights
and fundamental freedoms through, inter alia, international cooperation;
2. Recognizes that, in addition to their separate responsibilities to their individual
societies, States have a collective responsibility to uphold the principles of human dignity,
equality and equity at the global level;


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3. Reaffirms the duty of States to cooperate with one another in accordance with
the Charter of the United Nations in the promotion of universal respect for and observance
of human rights and fundamental freedoms for all, including with respect to the elimination
of all forms of racial discrimination and all forms of religious intolerance;
4. Underlines the fact that States have pledged themselves to cooperate and act
in collaboration with the United Nations, in accordance with the Charter, for the achievement
of universal respect for and observance of human rights;
5. Reaffirms that States should realize their rights and fulfil their duties in such a
manner as to promote a new international economic order based on sovereign equality,
interdependence, mutual interest and cooperation among all States, and to encourage the
observance and realization of human rights;
6. Also reaffirms that dialogue among and within cultures and civilizations
facilitates the promotion of a culture of tolerance and respect for diversity, and welcomes in
this regard the holding of conferences and meetings at the national, regional and international
levels on dialogue among civilizations;
7. Urges all actors on the international scene to build an international order based
on inclusion, justice, equality and equity, human dignity, mutual understanding and the
promotion of and respect for cultural diversity and universal human rights, and to reject all
doctrines of exclusion based on racism, racial discrimination, xenophobia and related
intolerance;
8. Expresses its concern at the continued imposition of unilateralism and
unilateral coercive measures, which hinder the well-being of the population of affected
countries and create obstacles to the full realization of their human rights, and reaffirms the
importance of international cooperation and solidarity to address the negative impact of these
measures;
9. Resolves to promote respect for and preserve cultural diversity within and
between communities and nations while respecting human rights law, including cultural
rights, with a view to creating a harmonious multicultural world;
10. Calls upon the international community to maximize the benefits of
globalization through, inter alia, the strengthening and enhancement of international
cooperation and global communications for the promotion of understanding and respect for
cultural diversity;
11. Reaffirms the importance of the enhancement of international cooperation for
the promotion and protection of human rights and for the achievement of the objectives of
the fight against racism, racial discrimination, xenophobia and related intolerance;
12. Considers that international cooperation in the field of human rights, in
conformity with the purposes and principles set out in the Charter and international law,
should make an effective and practical contribution to the urgent task of preventing violations
of human rights and fundamental freedoms;
13. Reaffirms that each State has the inalienable right to choose freely and develop,
in accordance with the sovereign will of its people, its own political, social, economic and
cultural systems, without interference from any other State or non-State actor, in strict
conformity with the Charter, the Universal Declaration of Human Rights and other relevant
international instruments;
14. Re-emphasizes that acts, methods and practices of terrorism in all its forms and
manifestations are activities aimed at the destruction of human rights, fundamental freedoms
and democracy, threatening the territorial integrity and security of States and destabilizing
legitimately constituted Governments, and that the international community should take the
steps necessary to enhance cooperation to prevent and combat terrorism;
15. Also re-emphasizes the need to promote a cooperative and constructive
approach to the promotion and protection of human rights, and to further enhance the role of
the Human Rights Council in promoting advisory services, technical assistance and capacity-

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building to support efforts to ensure the equal realization of all human rights and fundamental
freedoms, where appropriate;
16. Reaffirms that the promotion, protection and full realization of all human rights
and fundamental freedoms should be guided by the principles of universality, non-selectivity,
objectivity and transparency and the enhancement of international cooperation, in a manner
consistent with the purposes and principles set out in the Charter;
17. Emphasizes the importance of the universal periodic review as a mechanism
based on cooperation and constructive dialogue with the objective of, inter alia, improving
the situation of human rights on the ground and promoting the fulfilment of the human rights
obligations and commitments undertaken by States;
18. Also emphasizes the need for a cooperative and constructive approach on the
part of all stakeholders to resolving human rights issues in international forums;
19. Further emphasizes the role of international cooperation in support of national
efforts and in raising the capacities of States in the field of human rights through, inter alia,
the enhancement of their cooperation with human rights mechanisms, including through the
provision of technical assistance, upon the request of and in accordance with the priorities
set by the States concerned;
20. Takes note of the annual update on the activities of the Board of Trustees of
the United Nations Voluntary Fund for Technical Cooperation in the Field of Human
Rights; 144
21. Requests the Office of the United Nations High Commissioner for Human
Rights to seek to enhance dialogue with representatives from non-traditional donor countries
with a view to broadening the donor base and to replenishing the resources available to the
funds;
22. Also requests the Office of the High Commissioner to make clear the process
by which States request assistance from the funds, and to process such requests in a timely
and transparent manner that adequately responds to the requesting States;
23. Urges States to continue to support the funds;
24. Calls upon States, specialized agencies and intergovernmental organizations
to continue to carry out a constructive and cooperative dialogue and consultations for the
enhancement of understanding and the promotion and protection of all human rights and
fundamental freedoms, and encourages non-governmental organizations to contribute
actively to this endeavour;
25. Calls upon States to further advance initiatives aimed at enhancing
international cooperation in the field of human rights on issues of common interest and
concern, bearing in mind the need to promote a cooperative and constructive approach in this
regard;
26. Urges States to take, upon request by affected Member States, the measures
necessary to enhance bilateral, regional and international cooperation aimed at addressing the
adverse impact of consecutive and compounded global crises, such as health crises, financial
and economic crises, food crises, climate change and natural disasters, and refugee and
internal displacement crises, on the full enjoyment of human rights;
27. Reaffirms its commitment to international cooperation and multilateralism, and
its strong support for the central role of the United Nations system in the global response to
pandemics that constitute a threat to public health;
28. Calls for intensified international cooperation to contain, mitigate and defeat
the COVID-19 pandemic, including by exchanging information, scientific knowledge and
best practices and by applying the relevant guidelines recommended by the World Health
Organization;

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29. Requests all Member States and the United Nations system to explore and
foster complementarities among North-South, South-South and triangular cooperation
aiming at the enhancement of international cooperation in the field of human rights;
30. Takes note of the report of the High Commissioner on the implementation and
enhancement of international cooperation in the field of human rights submitted to the
Human Rights Council at its forty-fourth session; 145
31. Requests the High Commissioner to prepare a new report on the work of the
Office of the High Commissioner in the implementation and enhancement of international
cooperation in the field of human rights, proposing also possible ways to face the challenges
to the promotion and protection of human rights, including the right to development, and to
submit the report to the Human Rights Council at its forty-seventh session;
32. Invites States and relevant United Nations human rights mechanisms and
procedures to continue to pay attention to the importance of mutual cooperation,
understanding and dialogue in ensuring the promotion and protection of all human rights;
33. Recalls that, in its resolution 72/171 of 19 December 2017, the General
Assembly requested the Human Rights Council to consider further proposals for the
strengthening of United Nations action in the field of human rights through the promotion of
international cooperation and the importance of the principles of non-selectivity, impartiality
and objectivity, including in the context of the universal periodic review;
34. Also recalls that, in its resolution 74/153, the General Assembly requested the
Secretary-General, in collaboration with the High Commissioner, to consult States and
intergovernmental and non-governmental organizations on ways and means, as well as on
obstacles and challenges and possible proposals to overcome them, for the enhancement of
international cooperation and genuine dialogue in the United Nations human rights
machinery, including the Human Rights Council;
35. Decides to continue its consideration of the matter at its forty-seventh session,
in accordance with its annual programme of work.
28th meeting
17 July 2020
[Adopted by a recorded vote of 30 to 15, with 2 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Bahamas, Bahrain, Bangladesh, Burkina
Faso, Cameroon, Chile, Democratic Republic of the Congo, Eritrea, Fiji, India,
Indonesia, Libya, Marshall Islands, Mauritania, Namibia, Nepal, Nigeria,
Pakistan, Peru, Philippines, Qatar, Senegal, Somalia, Sudan, Togo, Uruguay
and Venezuela (Bolivarian Republic of)
Against:
Armenia, Australia, Austria, Bulgaria, Czechia, Denmark, Germany, Italy,
Japan, Netherlands, Poland, Republic of Korea, Slovakia, Spain and Ukraine
Abstaining:
Brazil and Mexico]

44/19. Situation of human rights in Belarus


The Human Rights Council,
Guided by the purposes and principles of the Charter of the United Nations, the
provisions of the Universal Declaration of Human Rights, the International Covenants on
Human Rights and other applicable human rights instruments,
Recalling all resolutions adopted by the Commission on Human Rights, the General
Assembly and the Human Rights Council on the situation of human rights in Belarus,

145 A/HRC/44/28.

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including Council resolution 41/22 of 12 July 2019, and regretting the inadequate response
and lack of cooperation by the Government of Belarus to the requests made by the Council
in those resolutions, including on access of the Special Rapporteur on the situation of human
rights in Belarus and other special procedure mandate holders to the country, while
acknowledging the growing openness of Belarus to cooperation with the Office for
Democratic Institutions and Human Rights of the Organization for Security and Cooperation
in Europe, the Council of Europe, the European Union and bilateral partners,
Recalling also Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,
1. Welcomes the report of the Special Rapporteur on the situation of human rights
in Belarus; 146
2. Expresses continued concern at the situation of human rights and fundamental
freedoms in Belarus, especially the undue restrictions and prohibitively burdensome
processes relating to the exercise of freedoms of peaceful assembly, association and
expression, resulting in the harassment of civil society organizations and trade unions and
the detention of human rights defenders, members of the opposition, journalists and media
workers, and of other members of civil society;
3. Expresses grave concern at the arbitrary detention and arrest of and the fines
imposed on journalists and other media workers for performing their professional activities,
human rights defenders, bloggers and other members of civil society, and at the
disproportionate and discriminatory restrictions on freedom of opinion and expression, such
as the entry into force of legislative amendments introducing further restrictions on online
media, and calls upon the Government of Belarus and all authorities to fully respect, protect
and fulfil their obligations in accordance with international human rights law, in particular
the freedoms of expression through any form of media, peaceful assembly and association,
which are of particular importance in the context of the presidential campaign for the election
scheduled to be held in 2020;
4. Urges the Belarusian authorities to guarantee a free, fair and transparent
presidential election on 9 August 2020, and to take all reasonable measures to facilitate a
peaceful process, in accordance with the State’s international obligations and commitments,
including, inter alia, those under article 25 (b) of the International Covenant on Civil and
Political Rights;
5. Expresses continued concern at reported poor conditions in prisons and
detention centres, and also at allegations of torture and inhuman or degrading treatment by
law enforcement and prison officers, which have not been properly investigated by the
authorities despite the fact that the State accepted relevant recommendations during the
second cycle of the universal periodic review, and regrets that, though being a State party to
the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment, Belarus has not implemented it;
6. Deplores the lack of response by the Government of Belarus to cases of
arbitrary arrest and detention of political and social activists, the unwillingness of prosecutors
to investigate cases of torture and cruel, inhuman and degrading treatment, the impunity of
perpetrators of crimes involving human rights violations and abuses, the pressure on defence
lawyers and the lack of effective legal remedies, and also deplores the discrimination
particularly affecting speakers of the Belarusian language and individuals belonging to
vulnerable groups and religious minorities;
7. Reiterates its call upon the Government of Belarus to carry out a
comprehensive review of relevant legislation, policies, strategies and practices to ensure that
the provisions are clearly defined, consistent with its international human rights obligations
and commitments, and are not used to impede or unduly restrict the exercise of any human
right, and to invest in capacity-building and appropriate training of the judiciary and law
enforcement agencies;

146 A/HRC/44/55.


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8. Notes the concern expressed by the Special Rapporteur with regard to children
sentenced for drug-related offences, and stresses the need for the best interests of the child to
be taken into account, while welcoming the application of the Act on Amnesty signed into
law on 18 May 2020 also to underage citizens, pregnant women, single parents, persons with
disabilities and other persons in vulnerable situations, and welcoming also the extension of
its application to minors sentenced under parts 4 and 5 of article 328 of the Criminal Code;
9. Also notes that the first national human rights action plan for 2016–2019 was
a useful framework for facilitating intergovernmental cooperation and dialogue with civil
society, contributing to the State’s marginally increased communication with civil society,
welcomes the greater involvement of representatives of civil society in discussions and
working forums related to human rights legislation and legal practice, in line with the
recommendations on cooperation with civil society accepted by the State in the context of
the universal periodic review, and calls upon the Government of Belarus to develop and
implement without delay a new plan on human rights, building on the lessons learned from
the implementation of the first plan and taking into consideration the recommendations made
by the treaty bodies, human rights mechanisms and civil society;
10. Further notes the continued attention paid by the Special Rapporteur to the
issue of the death penalty in Belarus, and in particular expresses deep concern at its use
without guarantee of due process and at the limited amount of relevant information with
regard to its use, and, taking into account that transparency is a requirement of fair and
effective criminal justice, requests the Special Rapporteur to continue to monitor
developments and to make recommendations, and welcomes the establishment in January
2020 of a working group to study the abolition of the death penalty and encourages the State
to take tangible steps;
11. Urges the Government of Belarus to take all measures necessary to ensure the
full independence and impartiality of the judiciary, to guarantee the right to a fair trial and
the right to an effective review of sentences and convictions by a higher tribunal, and to
provide for the right of all defendants to freely choose legal representation throughout all
proceedings;
12. Recalls that the Human Rights Council welcomed the release of political
prisoners in August 2015, and called for the full reinstatement of the civil and political rights
of former political prisoners; however, those civil and political rights have not been reinstated
and political activists continue to be ill-treated and faced with questionable and politically
motivated charges, while there has been no progress on four cases of enforced disappearance
of political opponents dating back to 1999 and 2000;
13. Strongly encourages Belarus to implement the comprehensive reform of the
electoral legal framework and to address long-standing systemic shortcomings pertaining to
the electoral legal framework and practices, following the recommendations made by the
Office for Democratic Institutions and Human Rights of the Organization for Security and
Cooperation in Europe, the European Commission for Democracy through Law (the Venice
Commission) and the Special Rapporteur, especially in view of the presidential election
scheduled for 9 August 2020;
14. Again strongly encourages the Government of Belarus to establish a national
human rights institution in accordance with the principles relating to the status of national
institutions for the promotion and protection of human rights (the Paris Principles), and to
continue to engage actively in the implementation of the 2030 Agenda for Sustainable
Development;
15. Decides to extend the mandate of the Special Rapporteur on the situation of
human rights in Belarus for a period of one year, and requests the Special Rapporteur to
submit a report on the situation of human rights in Belarus to the Human Rights Council at
its forty-seventh session and to the General Assembly at its seventy-sixth session;
16. Urges the Government of Belarus to cooperate fully with the Special
Rapporteur, including by allowing her access to visit the country and to meet freely with
relevant stakeholders, including civil society, in her official capacity in order to assist the
Government in fulfilling its international human rights obligations and by considering the

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implementation of her recommendations, and also urges the Government to extend full
cooperation to the thematic special procedures;
17. Requests the Office of the United Nations High Commissioner for Human
Rights to provide the Special Rapporteur with the assistance and resources necessary to allow
the fulfilment of her mandate, and requests the latter to continue to monitor developments
and to make recommendations.
28th meeting
17 July 2020
[Adopted by a recorded vote of 22 to 5, with 20 abstentions. The voting was as follows:
In favour:
Argentina, Australia, Austria, Brazil, Bulgaria, Chile, Czechia, Denmark, Fiji,
Germany, Italy, Japan, Libya, Marshall Islands, Mexico, Netherlands, Peru,
Poland, Republic of Korea, Slovakia, Spain and Ukraine
Against:
Armenia, Eritrea, India, Philippines and Venezuela (Bolivarian Republic of)
Abstaining:
Afghanistan, Angola, Bahamas, Bahrain, Bangladesh, Burkina Faso,
Cameroon, Democratic Republic of the Congo, Indonesia, Mauritania,
Namibia, Nepal, Nigeria, Pakistan, Qatar, Senegal, Somalia, Sudan, Togo and
Uruguay]

44/20. The promotion and protection of human rights in the


context of peaceful protests

The Human Rights Council,


Reaffirming the purposes and principles of the Charter of the United Nations,
Reaffirming also the Universal Declaration of Human Rights and the Vienna
Declaration and Programme of Action, and recalling relevant international human rights
treaties, including the International Covenant on Civil and Political Rights and the
International Covenant on Economic, Social and Cultural Rights, and other relevant regional
human rights instruments,
Recalling the Declaration on the Right and Responsibility of Individuals, Groups and
Organs of Society to Promote and Protect Universally Recognized Human Rights and
Fundamental Freedoms,
Reaffirming that, consistent with the Universal Declaration of Human Rights, States
Members of the United Nations have pledged to achieve, in cooperation with the United
Nations, the promotion of universal respect for and observance of human rights and
fundamental freedoms for all without distinction such as race, colour, sex, language, religion,
political or other opinion, national or social origin, property, birth or other status,
Recalling its decision 17/120 of 17 June 2011 and its resolutions 19/35 of 23 March
2012, 22/10 of 21 March 2013, 25/38 of 28 March 2014, 31/37 of 24 March 2016 and 38/11
of 6 July 2018 on the promotion and protection of human rights in the context of peaceful
protests, and other relevant resolutions of the Human Rights Council,
Recalling also its resolution 43/1 of 19 June 2020 on the promotion and protection of
the human rights and fundamental freedoms of Africans and of people of African descent
against excessive use of force and other human rights violations by law enforcement officers,
Recognizing that, pursuant to the Universal Declaration of Human Rights, the
International Covenant on Civil and Political Rights and the International Convention on the
Elimination of All Forms of Racial Discrimination, the rights to freedom of peaceful
assembly, of expression and of association are human rights guaranteed to all, while their
exercise may be subject to certain restrictions, in accordance with States’ obligations under
applicable international human rights instruments,


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Recognizing also that any such restrictions must be based in law, and be necessary
and proportionate to further a legitimate aim, in accordance with the State’s obligations under
applicable international human rights instruments, and that, if imposed, administrative or
judicial review that is prompt, competent, independent and impartial should be available,
Reaffirming that emergency measures taken by Governments in response to the
coronavirus disease (COVID-19) pandemic must be necessary, proportionate to the evaluated
risk and applied in a non-discriminatory way, have a specific focus and duration, and be in
accordance with the State’s obligations under applicable international human rights law,
Recalling that States have the primary responsibility for the promotion and protection
of human rights and fundamental freedoms, including in the context of assemblies such as
peaceful protests, and to ensure that national legislation, policies and practices, as the national
framework for the exercise of the rights to freedom of peaceful assembly, of expression and
of association, are in compliance with their international human rights obligations and
commitments,
Noting that the proper management of assemblies involves and can have an impact on
respect for human rights before, during and after an assembly, and aims to contribute to its
peaceful conduct and to prevent injuries to and loss of life of those participating in and
monitoring such protests, and bystanders and officials exercising law enforcement duties,
Acknowledging that peaceful protests may occur in all societies, including protests
that are spontaneous, simultaneous, unauthorized or restricted,
Acknowledging also that participation in peaceful protests can be an important form
of exercising the rights to freedom of peaceful assembly, of expression, of association and of
participation in the conduct of public affairs,
Recognizing that peaceful protests can make a positive contribution to the
development, strengthening and effectiveness of democratic systems and to democratic
processes, including elections and referendums,
Recognizing also that peaceful protests have historically played a constructive social
and political role in the development of more just and accountable societies, and that such
protests can continue to make a positive contribution to human development and to the full
enjoyment of civil, political, economic, social and cultural rights,
Reaffirming that everyone has the right to life, liberty and security of person,
Reaffirming also that participation in public and peaceful protests should be entirely
voluntary and uncoerced,
Recalling that the rights to freedom of peaceful assembly, of expression and of
association include organizing, participating in, observing, monitoring and recording
assemblies,
Stressing therefore that everyone, including persons espousing minority or dissenting
views or beliefs, must be able to express their grievances or aspirations in a peaceful manner,
including through public protests, without fear of reprisal or of being intimidated, harassed,
injured, sexually assaulted, beaten, arbitrarily arrested or detained, tortured, killed or
subjected to enforced disappearance, or subjected to abusive criminal or civil proceedings,
Deeply concerned about extrajudicial, summary or arbitrary executions, arbitrary
arrests and detention, enforced disappearances, and torture and other cruel, inhuman or
degrading treatment or punishment of persons exercising their rights to freedom of peaceful
assembly, of expression and of association in all regions of the world,
Deeply concerned also about misinformation, disinformation, misuse of new
technologies and undue restrictions preventing or impairing an individual’s ability to have
access to or disseminate information, inter alia, at key political moments, with an impact on
the ability to organize and conduct assemblies,
Noting that the possibility of using communications technology securely and
privately, in accordance with international human rights law, is important for the organization
and conduct of assemblies,

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Noting also that, although an assembly has generally been understood as a physical
gathering of people, human rights protections, including for the rights to freedom of peaceful
assembly, of expression and of association, also apply to analogous interactions taking place
online,
Acknowledging that new technologies can be enablers for the exercise of the rights to
freedom of peaceful assembly, of expression, of association and of participation in the
conduct of public affairs by facilitating mobilization for and the organization of assemblies,
and acknowledging also that they create space for the holding of assemblies online and may
facilitate and enhance the involvement and participation of those often marginalized, as well
as support the proper management of assemblies and increase transparency and
accountability,
Expressing its concern at the criminalization, in all parts of the world, of individuals
and groups solely for having organized or taken part in peaceful protests or for having
observed, monitored or recorded protests, and at the designation of such individuals as threats
to national security, whether in legislation or policy,
Expressing its concern also at the unlawful or arbitrary surveillance, both in physical
spaces and online, of individuals engaged in peaceful protests, including through the use of
new and emerging digital tracking tools, such as facial recognition, international mobile
subscriber identity-catchers (“stingrays”) and closed-circuit television,
Emphasizing that technical solutions to secure and to protect the confidentiality of
digital communications, including measures for encryption, pseudonymization and
anonymity online, can be important to ensure the enjoyment of human rights, in particular
the rights to privacy, to freedom of expression, and to freedom of peaceful assembly and
association,
Stressing that peaceful protests should not be viewed as a threat, and therefore
encouraging all States to engage in an open, inclusive and meaningful dialogue when dealing
with peaceful protests and their causes,
Recalling that isolated acts of violence committed by others in the course of a protest
do not deprive peaceful individuals of their rights to freedom of peaceful assembly, of
expression and of association,
Bearing in mind that the peaceful conduct of assemblies can be facilitated on the basis
of communication and collaboration among organizers, protesters, local authorities and
officials exercising law enforcement duties,
Recognizing that national human rights institutions and representatives of civil
society, including non-governmental organizations, can play a useful role in facilitating
continued dialogue between individuals taking part in peaceful protests and the relevant
authorities,
Stressing the need to ensure full accountability for human rights violations or abuses
in the context of protests, including by investigating such violations and abuses and
prosecuting the perpetrators,
Recalling the Code of Conduct for Law Enforcement Officials and the Basic
Principles on the Use of Force and Firearms by Law Enforcement Officials, and noting the
Minnesota Protocol on the Investigation of Potentially Unlawful Death (2016),
Noting the United Nations Human Rights Guidance on Less-Lethal Weapons in Law
Enforcement issued by the Office of the United Nations High Commissioner for Human
Rights as a supplement to the Basic Principles on the Use of Force and Firearms by Law
Enforcement Officials, and calling upon all States to consider applying it to their law
enforcement operations in relation to assemblies,
Encouraging all States to make appropriate use of the Resource Book on the Use of
Force and Firearms in Law Enforcement published by the Office of the High Commissioner
and the United Nations Office on Drugs and Crime, and the updated training package of the
Office of the High Commissioner on human rights law and law enforcement,


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Recalling the importance of adequate training, equipment, oversight and


accountability for officials and private personnel exercising law enforcement duties assigned
to the management of assemblies, and of refraining, to the extent feasible, from assigning
military personnel to perform such duties, while reaffirming that the State’s international
obligations and commitments in relation to the use of force in the context of law enforcement
also apply to the military when it is performing law enforcement duties, and that private
personnel should respect internationally recognized standards,
Recognizing the critical role that law enforcement plays in respecting and protecting
human dignity and maintaining and upholding the human rights of all persons, including in
the facilitation of assemblies,
Taking note with appreciation of the guidance provided by the Special Rapporteur on
the rights to freedom of peaceful assembly and of association in the context of the COVID-
19 pandemic, 147
Underlining that considerations such as the health risks posed by the COVID-19
pandemic should not be used to restrict human rights and fundamental freedoms, such as the
rights to freedom of peaceful assembly, of expression and of association, in an unnecessary
or disproportionate manner, and that any restriction of human rights guaranteed by
international instruments must fulfil the strict requirements laid down in those instruments,
1. Takes note with appreciation of the thematic report of the United Nations High
Commissioner for Human Rights on the impact of new technologies on the promotion and
protection of human rights in the context of assemblies, 148 submitted in accordance with
Human Rights Council resolution 38/11;
2. Expresses deep concern regarding the instances in which peaceful protests
have been met with repression, including the unlawful use of force by law enforcement
officials, the misuse of less-lethal weapons, arbitrary arrests and detention, torture and
enforced disappearance, as well as undue restrictions, such as Internet shutdowns and assaults
on protesters, bystanders, human rights defenders, journalists and other media workers;
3. Recalls that States have the responsibility, including in the context of peaceful
protests, to promote and protect human rights and to prevent human rights violations and
abuses, including extrajudicial, summary or arbitrary executions, arbitrary arrest and
detention, enforced disappearances and torture and other cruel, inhuman or degrading
treatment or punishment, and calls upon States to avoid the abuse of criminal and civil
proceedings, or threats of such acts, at all times;
4. Calls upon States to promote a safe and enabling environment for individuals
and groups to exercise their rights to freedom of peaceful assembly, of expression and of
association, both online and offline, including by ensuring that domestic legislation and
procedures relating to the rights to freedom of peaceful assembly, of expression and of
association are in conformity with their international human rights obligations and
commitments to clearly and explicitly establish a presumption in favour of the exercise of
these rights, and that they are effectively implemented;
5. Also calls upon States to ensure that all human rights are respected, protected
and fulfilled also during emergencies, such as the COVID-19 pandemic, and that their
responses are in full compliance with their human rights obligations and commitments;
6. Encourages all States to give due consideration to the compilation of practical
recommendations for the proper management of assemblies based on best practices and
lessons learned, 149 which provides a useful tool for States on how to fulfil their obligations
and commitments, including on how to operationalize them in their domestic laws,
procedures and practices, and to promote and protect human rights in the context of
assemblies, including peaceful protests;

147 Clément Voule, “States responses to Covid 19 threat should not halt freedoms of assembly and
association”, Office of the United Nations High Commissioner for Human Rights, 14 April 2020.
148 A/HRC/44/24.
149 A/HRC/31/66.

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7. Calls upon States to facilitate peaceful protests by providing protestors, to the


extent possible, with access to public space within sight and sound of their intended target
audience, and by protecting them, without discrimination, where necessary, against any form
of threat or harassment, and underlines the role of local authorities in this regard;
8. Underlines the important role that communication between organizers,
protestors, local authorities and officials exercising law enforcement duties can play in the
proper management of assemblies, such as peaceful protests, and calls upon States to
establish such appropriate channels;
9. Urges States to pay particular attention to the safety and protection of women
and girls, as well as of women human rights defenders, from acts of intimidation and
harassment, and gender-based violence, including sexual assault, in the context of peaceful
protests;
10. Reaffirms that States must take all appropriate measures for the safety and
protection of children, including while they exercise their rights to freedom of peaceful
assembly, of expression and of association, including in the context of peaceful protests;
11. Calls upon all States to pay particular attention to the safety of human rights
defenders, journalists and other media workers observing, monitoring and recording protests,
taking into account their specific role, exposure and vulnerability;
12. Stresses that, in times when physical assemblies are restricted, inter alia in
times of crisis or emergency, it is all the more necessary that access to and use of the Internet
be ensured by refraining from undue restrictions, such as Internet shutdowns or online
censorship, by taking measures to ensure that access to the Internet extends to the entirety of
the global population and that it is affordable, and by fully respecting and protecting each
individual’s right to privacy;
13. Calls upon all States to refrain from and cease measures, when in violation of
international human rights law, that are aimed at shutting down the Internet and
telecommunications or at otherwise blocking Internet users from gaining access to or
disseminating information online, or from gathering in online spaces;
14. Urges all States to avoid using force during peaceful protests, to ensure that,
where force is absolutely necessary, no one is subject to excessive or indiscriminate use of
force, and also to ensure that assistance and medical aid are rendered to any injured or
affected person at the earliest possible moment;
15. Calls upon States, as a matter of priority, to ensure that their domestic
legislation and procedures are consistent with their international obligations and
commitments in relation to the use of force in the context of law enforcement and are
effectively implemented by officials exercising law enforcement duties, in particular,
applicable principles of law enforcement, such as necessity and proportionality, bearing in
mind that lethal force may only be used as a last resort to protect against an imminent threat
to life and that it may not be used merely to disperse a gathering;
16. Affirms that nothing can ever justify the indiscriminate use of lethal force
against a crowd, which is unlawful under international human rights law;
17. Calls upon States to investigate any deaths or significant injuries, including
those that lead to disability, incurred during protests, including those resulting from the
discharge of firearms or the use of less-lethal weapons by officials exercising law
enforcement duties or by private personnel acting on behalf of the State;
18. Also calls upon States to ensure adequate training of officials exercising law
enforcement duties and, where applicable, to promote adequate training for private personnel
acting on behalf of the State, including in international human rights law and, where
appropriate, international humanitarian law, and in this regard urges States to include in such
training the application of de-escalation strategies;
19. Encourages States to make appropriate protective equipment and less-lethal
weapons available to their officials exercising law enforcement duties in order to decrease
their need to use weapons of any kind, while pursuing efforts to regulate and establish


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protocols for the training and use of less-lethal weapons, bearing in mind that even less-lethal
weapons can result in a risk to life or serious injury;
20. Underlines the importance of thorough and independent testing of less-lethal
weapons prior to procurement and deployment to establish their lethality and the extent of
likely injury, and of monitoring appropriate training and use of such weapons;
21. Stresses the importance of international cooperation in support of national
efforts for the promotion and protection of human rights and fundamental freedoms in the
context of assemblies, including peaceful protests, in order to raise the capacities of law
enforcement agencies to deal with such assemblies in a manner that conforms to international
human rights law and standards;
22. Underlines the necessity to address the management of assemblies, including
peaceful protests, so as to contribute to their peaceful conduct, and to prevent injuries,
including those that lead to disability, and loss of life of protestors, those observing,
monitoring and recording such assemblies, bystanders, and officials exercising law
enforcement duties, as well as any human rights violation or abuse, to ensure accountability
for such violations and abuses and to provide victims with access to a remedy and redress;
23. Recognizes the importance of documenting human rights violations and abuses
committed in the context of peaceful protests, and the role that can be played by national
human rights institutions, civil society, including non-governmental organizations,
journalists and other media workers, Internet users and human rights defenders in this regard;
24. Calls upon States to refrain from the use of digital technology to silence,
unlawfully or arbitrarily surveil, or harass individuals or groups solely for having organized,
taken part in, or observed, monitored or recorded peaceful protests, or from ordering blanket
Internet shutdowns and from blocking websites and platforms around protests or key political
moments;
25. Also calls upon States to refrain from applying any undue restrictions to
technical solutions to secure and to protect the confidentiality of digital communications,
including measures for encryption, pseudonymization and anonymity online, given that these
can be important to ensure the enjoyment of human rights, in particular the rights to privacy,
in the context of assemblies;
26. Urges States to ensure accountability for human rights violations and abuses
through judicial or other national mechanisms, based on law and in conformity with their
international human rights obligations and commitments, and to provide all victims with
access to a remedy and redress, including in the context of peaceful protests;
27. Decides to convene, at its forty-eighth session, a panel discussion on the
promotion and protection of human rights in the context of peaceful protests, with a particular
focus on achievements and contemporary challenges;
28. Requests the Office of the United Nations High Commissioner for Human
Rights to liaise with States, the Special Rapporteur on the rights to freedom of peaceful
assembly and of association, other relevant special procedures, relevant United Nations
bodies and agencies, non-governmental organizations and other relevant stakeholders with a
view to ensuring their participation in the panel discussion, to make the panel discussion fully
accessible, and to prepare a report on the outcome of the panel discussion in the form of a
summary, to be submitted to the Human Rights Council at its fiftieth session;
29. Requests the Special Rapporteur on the rights to freedom of peaceful assembly
and of association to prepare a dedicated report on the protection of human rights in the
context of peaceful protests during crisis situations, and in preparing the said report to seek
the views of States, the Office of the High Commissioner, relevant United Nations agencies,
in particular the United Nations Office on Drugs and Crime, United Nations human rights
treaty bodies, regional human rights mechanisms, other relevant special procedure mandate
holders, national human rights institutions, non-governmental organizations and other
relevant stakeholders, such as law enforcement practitioners, through global and regional
consultations, and to present the report and its recommendations to the Human Rights
Council at its fiftieth session;

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30. Decides to continue its consideration of the present topic.


29th meeting
17 July 2020
[Adopted without a vote.]

44/21. Situation of human rights in the Syrian Arab Republic


The Human Rights Council,
Guided by the principles and purposes of the Charter of the United Nations,
Reaffirming its previous resolutions on the Syrian Arab Republic,
Condemning the grave situation of human rights across the Syrian Arab Republic, and
demanding that the Syrian authorities meet their responsibility to protect the Syrian
population and to respect, protect and fulfil the human rights of all persons within its
jurisdiction,
Recognizing that persons who are unlawfully or arbitrarily deprived of their liberty
are vulnerable to extrajudicial killings, torture and other cruel, inhuman or degrading
treatment or punishment, enforced disappearance, and to other human rights violations and
abuses,
Noting that, under applicable international law, and in line with Security Council
resolution 2474 (2019) of 11 June 2019, parties to armed conflict bear the primary
responsibility to take all feasible measures to account for persons reported missing as a result
of hostilities, and to provide their family members with any information the parties have on
their fate, and noting also that the Council in its resolution 2474 (2019) called upon parties
to the conflict to take steps to prevent people going missing in armed conflict,
1. Deplores the human rights situation in the Syrian Arab Republic and the fact
that the ongoing conflict continues to have a devastating impact on the civilian population,
including consistent patterns of gross violations and abuses of international human rights law
and international humanitarian law;
2. Strongly condemns all violations and abuses of international human rights law
and all violations of international humanitarian law, demands in this respect that all parties
to the conflict immediately comply with their respective obligations, and emphasizes the need
to ensure that all those responsible for such violations and abuses are held to account,
reaffirms the importance of establishing appropriate processes and mechanisms to achieve
justice, reconciliation, truth and accountability for such crimes, and reparations and effective
remedies for victims, and welcomes the significant endeavours of the International
Independent Commission of Inquiry on the Syrian Arab Republic and 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, while noting the important role that the International
Criminal Court can play in this regard, and also the prerequisite role that accountability can
play in any effort to bring about a sustainable, inclusive and peaceful conclusion to the
conflict;
3. Welcomes the call made by the Secretary-General for a global ceasefire and
that of the Special Envoy of the Secretary-General for Syria for a complete, immediate and
nationwide ceasefire throughout the Syrian Arab Republic, and urges all parties to the conflict
to direct their efforts to enact it, and also urges all parties, particularly the Syrian authorities,
to engage meaningfully in the political process under the auspices of the Special Envoy and
his office in Geneva, in accordance with Security Council resolution 2254 (2015) of 18
December 2015, and including with the equal voice and full and meaningful participation
and representation of women in all efforts and decision-making, and also welcomes in this
regard the announcement by the Special Envoy of his readiness to convene and facilitate a
third session of the Syrian-led and Syrian-owned constitutional committee in Geneva by the
end of August 2020;


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4. Deplores the military offensive that began in Idlib province and surrounding
areas in December 2019 and caused large-scale injuries, deaths, displacement and suffering
in the civilian population and devastating damage to civilian infrastructure, recalls the
findings of the United Nations Headquarters Board of Inquiry established by the Secretary-
General in this regard, also notes with grave concern the recent findings of the Commission
of Inquiry that there are reasonable grounds to believe that war crimes and crimes against
humanity were committed during the said offensive, also notes the Commission’s comments
on the gendered impact of the military offensive, 150 and remains extremely concerned about
the situation;
5. Demands that the Syrian authorities and their State and non-State allies
facilitate, and all other parties to the conflict do not hinder, full, timely, immediate,
unrestricted and safe humanitarian access, regrets in this regard the further reduction in
approved crossing points for cross-border humanitarian aid, and urges the Syrian authorities
to immediately and significantly improve cross-line access to prevent further unnecessary
suffering and loss of life;
6. Strongly condemns the continued practice of enforced disappearance and
arbitrary detention, notably widespread in areas where the Syrian regime has retaken control,
which undermines the potential for genuine progress towards a political solution and that,
according to the Commission of Inquiry, represents an urgent and large-scale crisis of human
rights protection, and welcomes the priority given by the Special Envoy to this issue, and his
intention to actively pursue efforts to scale up action in this regard in his engagement with
all concerned;
7. Demands in this respect the immediate release of all persons arbitrarily
detained, notes in particular the additional, potentially life-threatening risks to health created
by the coronavirus disease (COVID-19) pandemic and the potential it has to exacerbate the
already dire situation of detainees, and notes in this regard the statements made by the United
Nations High Commissioner for Human Rights, the Special Envoy and the Commission of
Inquiry;
8. Strongly condemns the use of sexual and gender-based violence, torture and
ill-treatment, particularly in detention facilities run by the Syrian authorities, highlights in
this respect the particular vulnerabilities of children in detention, and urges those responsible
to take immediately all appropriate measures to protect the lives and rights of all persons
currently detained;
9. Urges all parties, but particularly the Syrian authorities, to grant immediate
access without undue restriction, to detainees and detention facilities to appropriate
international monitoring bodies and medical services, and to provide information on those
whom they have detained to their families, and notes the importance of ensuring justice for
those arbitrarily detained;
10. Requests the Commission of Inquiry to prepare a report on arbitrary
imprisonment and detention in the Syrian Arab Republic, taking note of the concerns
expressed in the present resolution, and to present the report to the Human Rights Council at
its forty-sixth session.
29th meeting
17 July 2020
[Adopted by a recorded vote of 28 to 2, with 17 abstentions. The voting was as follows:
In favour:
Afghanistan, Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile,
Czechia, Denmark, Fiji, Germany, Italy, Japan, Libya, Marshall Islands,
Mexico, Netherlands, Peru, Poland, Qatar, Republic of Korea, Slovakia,
Somalia, Spain, Togo, Ukraine and Uruguay

150 See A/HRC/44/61.

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Against:
Eritrea and Venezuela (Bolivarian Republic of)
Abstaining:
Angola, Armenia, Bahrain, Bangladesh, Burkina Faso, Cameroon, Democratic
Republic of the Congo, India, Indonesia, Mauritania, Namibia, Nepal, Nigeria,
Pakistan, Philippines, Senegal and Sudan]

44/22. The Social Forum

The Human Rights Council,


Recalling all previous resolutions and decisions adopted on the Social Forum by the
Commission on Human Rights and its Subcommission on the Promotion and Protection of
Human Rights, the Economic and Social Council and the Human Rights Council,
Recalling also Human Rights Council resolution 5/1 of 18 June 2007,
Reaffirming the unique nature within the United Nations of the Social Forum, which
makes possible a dialogue and an exchange between the representatives of Member States
and civil society, including grass-roots organizations and intergovernmental organizations,
and stressing that the current reform of the United Nations should take into account the
contribution of the Forum as a vital space for open and fruitful dialogue on issues linked with
the national and international environment needed for the promotion of the enjoyment of all
human rights by all,
1. Reaffirms the Social Forum as a unique space for interactive dialogue between
the United Nations human rights machinery and various stakeholders, including the
contribution of civil society and grass-roots organizations, and stresses the need to ensure
greater participation of grass-roots organizations and of those living in poverty, particularly
women, especially from developing countries, in the sessions of the Forum;
2. Underlines the importance of coordinated efforts at the national, regional and
international levels for the promotion of social cohesion based on the principles of social
justice, equity and solidarity, and of addressing the social dimension and challenges of the
ongoing globalization process and the negative impact of the current coronavirus disease
(COVID-19) pandemic;
3. Stresses the need for the increased and sustained participation and contribution
of civil society and all other relevant actors listed in the present resolution to the promotion
and effective realization of the right to development;
4. Decides that the Social Forum will meet for two working days in 2021, in
Geneva, on dates suitable for the participation of representatives of States Members of the
United Nations and of the broadest possible range of other stakeholders, especially from
developing countries, and also decides that, at its next meeting, the Forum should focus on
good practices, success stories, lessons learned and challenges in the fight against the
COVID-19 pandemic, with a special focus on international cooperation and solidarity, and
from a human rights perspective;
5. Requests the President of the Human Rights Council to appoint, as early as
possible, from candidates nominated by regional groups, the Chair-Rapporteur for the 2021
Social Forum, bearing in mind the principle of regional rotation;
6. Requests the Office of the United Nations High Commissioner for Human
Rights to make available the most recent and relevant United Nations reports and documents,
including statistics reports, relating to success stories and challenges in the fight against the
COVID-19 pandemic, as background documents for the dialogues and debates that will be
held at the 2021 Social Forum;
7. Requests the High Commissioner to facilitate the participation in the 2021
Social Forum, in order to contribute to the interactive dialogues and debates held at the Forum
and to assist the Chair-Rapporteur as resource persons, of no fewer than 10 experts, including,
as appropriate, representatives of civil society and grass-roots organizations in developing
countries, representatives of relevant international organizations, including the World Health


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Organization, the International Labour Organization and the Food and Agriculture
Organization of the United Nations, as well as relevant special procedures;
8. Decides that the Social Forum will remain open to the participation of
representatives of States Members of the United Nations and all other interested stakeholders,
such as intergovernmental organizations, different components of the United Nations system,
especially mandate holders of thematic procedures and mechanisms of the human rights
machinery, regional economic commissions and specialized agencies and organizations, and
representatives designated by national human rights institutions and non-governmental
organizations in consultative status with the Economic and Social Council, and will also be
open to other non-governmental organizations whose aims and purposes are in conformity
with the spirit, purposes and principles of the Charter of the United Nations, including newly
emerging actors, such as small groups and rural and urban associations from the North and
the South, anti-poverty groups, peasants’ and farmers’ organizations and their national and
international associations, voluntary organizations, environmental organizations and
activists, youth associations, community organizations, trade unions and associations of
workers, and representatives of the private sector, on the basis of arrangements, including
Economic and Social Council resolution 1996/31 of 25 July 1996 and practices observed by
the Commission on Human Rights, through an open and transparent accreditation procedure,
in accordance with the rules of procedure of the Human Rights Council, while ensuring the
most effective contribution of these entities;
9. Requests the Office of the High Commissioner to seek effective means for
ensuring consultation and the broadest possible participation of representatives from every
region, in particular, representatives of persons with disabilities, especially those from
developing countries, in the Social Forum, including by establishing partnerships with non-
governmental organizations, the private sector and international organizations;
10. Requests the Secretary-General to take appropriate measures to disseminate
information about the Social Forum, to invite relevant individuals and organizations to the
Forum, and to take all practical measures required for the success of this initiative;
11. Invites the 2021 Social Forum to submit a report containing its conclusions and
recommendations to the Human Rights Council at its forty-ninth session;
12. Requests the Secretary-General to provide the Social Forum with all the
services and facilities necessary to fulfil its activities, and requests the High Commissioner
to provide all the support necessary to facilitate the convening and proceedings of the Forum;
13. Encourages all Member States to participate in the discussions of the Social
Forum so that worldwide representation in the debates can be ensured;
14. Decides to continue consideration of this issue at its forty-seventh session
under the same agenda item.
29th meeting
17 July 2020
[Adopted without a vote.]

44/23. Contribution of respect for all human rights and


fundamental freedoms to achieving the purposes and
upholding the principles of the Charter of the United
Nations

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 the Vienna Declaration
and Programme of Action, that all human rights are universal, indivisible, interrelated,
interdependent and mutually reinforcing, and that all human rights must be the treated in a
fair and equal manner, on the same footing and with the same emphasis,

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Recalling the International Covenant on Economic, Social and Cultural Rights, the
International Covenant on Civil and Political Rights and all other human rights instruments,
Acknowledging that peace and security, development and human rights are the pillars
of the United Nations system and the foundations for collective security and well-being, and
emphasizing that development, peace and security and human rights are interlinked and
mutually reinforcing,
Reaffirming General Assembly resolution 60/251 of 15 March 2006, in which the
Assembly established the Human Rights Council and decided that the Council would be
responsible 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,
and that the work of the Council would be guided by the principles of universality,
impartiality, objectivity and non-selectivity, constructive international dialogue and
cooperation, with a view to enhancing the promotion and protection of all human rights, civil,
political, economic, social and cultural rights, including the right to development,
Recalling that the Human Rights Council was mandated by the General Assembly to
address situations of violations of human rights, including gross and systematic violations,
and to promote the effective coordination and the mainstreaming of human rights within the
United Nations system,
Recognizing that the 2030 Agenda for Sustainable Development is guided by the
purposes and principles of the Charter, including full respect for international law, is
grounded in the Universal Declaration of Human Rights, international human rights treaties,
the United Nations Millennium Declaration and the 2005 World Summit Outcome, and is
informed by other instruments, such as the Declaration on the Right to Development,
Recalling 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,
Bearing in mind that 2020 is the seventy-fifth anniversary of the United Nations,
which coincides with the fifth anniversary of the adoption of the 2030 Agenda for Sustainable
Development, and reaffirming that, although progress has been made across some of the
Sustainable Development Goals and targets, progress has not been at the pace required to
achieve this ambitious agenda and has been uneven across countries and regions, and that
urgent progress is needed towards all targets,
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 2030 Agenda pledges to leave no one behind and envisages a world of
universal respect for human rights and human dignity, the rule of law, justice, equality and
non-discrimination,
Acknowledging also that the promotion and protection of human rights and creating
or rebuilding resilient, inclusive, just and peaceful societies are interlinked and mutually
reinforcing,
Noting the Secretary-General’s “A Call to Action for Human Rights”, launched on 24
February 2020 during the forty-third session of the Human Rights Council, that, inter alia,
recalls that human rights are core to the work of the United Nations,
Recognizing the importance of ensuring that the human rights pillar of the United
Nations is adequately funded to undertake its functions and to fulfil its purposes within the
Organization, while stressing that the regular budget of the United Nations should finance all
activities mandated by the General Assembly and its subsidiary organs, including the Human
Rights Council,
Welcoming the theme of the seventy-fifth anniversary of the United Nations, which is
“The future we want, the United Nations we need: reaffirming our collective commitment to
multilateralism”,
Reiterating its deep concern at the loss of life and livelihoods and the disruption to
economies and societies by the coronavirus disease (COVID-19) pandemic, and its negative


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impact on the enjoyment of human rights around the world, especially its disproportionate
impact on persons in vulnerable groups and marginalized situations,
Stressing that respect for human rights, which are universal, indivisible,
interdependent, interrelated and mutually reinforcing, is of crucial importance for all policies
and programmes relating to the achievement of lasting and inclusive development, and peace
and security,
1. Welcomes the Secretary-General’s work in calling attention to human rights as
core to the work of the United Nations;
2. Reaffirms, on the occasion of the seventy-fifth anniversary of the United
Nations, the commitment of the Human Rights Council to the purposes and principles of the
Charter of the United Nations, and its interlinked and mutually reinforcing pillars of peace
and security, development, and human rights, which are the indispensable foundation of a
more peaceful, prosperous and just world, and reiterates its determination to foster strict
respect for those purposes and principles;
3. Also reaffirms that all human rights and fundamental freedoms are universal,
indivisible, interdependent, interrelated and mutually reinforcing;
4. Encourages States to use the anniversary as an opportunity to raise awareness
of the work of the United Nations and of the importance of respect for all human rights and
fundamental freedoms, international cooperation, unity, solidarity and collective action,
based on a multilateral approach and strong international institutions, in addressing global
challenges;
5. Requests the Office of the United Nations High Commissioner for Human
Rights to prepare a report on the contribution of the respect for all universal, indivisible,
interdependent, interrelated and mutually reinforcing human rights and fundamental
freedoms to achieving the purposes and upholding the principles of the Charter, based on
good practices, challenges and lessons learned, and to submit the report to the Human Rights
Council at its forty-eighth session;
6. Also requests the Office of the High Commissioner, when preparing its report,
to seek input from all relevant stakeholders, including States, organizations of the United
Nations system, national human rights institutions, academia, civil society organizations and
human rights defenders;
7. Further requests the Office of the High Commissioner to ensure that its report
is published in an accessible format.
29th meeting
17 July 2020
[Adopted by a recorded vote of 41 to 0, with 6 abstentions. The voting was as follows:
In favour:
Afghanistan, Angola, Argentina, Armenia, Australia, Austria, Bahamas,
Bahrain, Bangladesh, Brazil, Bulgaria, Burkina Faso, Chile, Czechia,
Democratic Republic of the Congo, Denmark, Fiji, Germany, India, Indonesia,
Italy, Japan, Libya, Marshall Islands, Mexico, Nepal, Netherlands, Nigeria,
Peru, Philippines, Poland, Qatar, Republic of Korea, Senegal, Slovakia,
Somalia, Spain, Sudan, Togo, Ukraine and Uruguay
Abstaining:
Cameroon, Eritrea, Mauritania, Namibia, Pakistan and Venezuela (Bolivarian
Republic of)]

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B. Decisions

44/101. Outcome of the universal periodic review: Spain

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 25 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 Spain on 22 January 2020 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Spain, comprising the report thereon of the
Working Group on the Universal Periodic Review, 151 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. 152

25th meeting
16 July 2020

[Adopted without a vote.]

44/102. Outcome of the universal periodic review: Kuwait

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 25 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 Kuwait on 29 January 2020 in conformity with all
relevant provisions contained in the annex to Council resolution 5/1,
Adopts the outcome of the review of Kuwait, comprising the report thereon of the
Working Group on the Universal Periodic Review, 153 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. 154

25th meeting
16 July 2020

[Adopted without a vote.]

151 A/HRC/44/7.
152 A/HRC/44/7/Add.1; see also A/HRC/44/2, chap. VI.
153 A/HRC/44/17.
154 A/HRC/44/17/Add.1; see also A/HRC/44/2, chap. VI.


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Index of topics considered by the Human Rights Council in


its resolutions, decisions and President’s statements
Page

Adequate housing
Adequate housing as a component of the right to an adequate standard
of living, and the right to non-discrimination in this context .................................. res. 43/14 51

Africans and people of African descent


Promotion and protection of the human rights and fundamental freedoms of
Africans and of people of African descent against excessive use of force and
other human rights violations by law enforcement officers .................................... res. 43/1 14

Angola
Outcome of the universal periodic review: Angola ................................................. dec. 43/108 143

Belarus
Situation of human rights in Belarus ....................................................................... res. 44/19 207

Birth registration
Birth registration and the right of everyone to recognition everywhere
as a person before the law ....................................................................................... res. 43/5 22

Bolivia (Plurinational State of)


Outcome of the universal periodic review: Plurinational State of Bolivia .............. dec. 43/104 141

Bosnia and Herzegovina


Outcome of the universal periodic review: Bosnia and Herzegovina ..................... dec. 43/114 145

Business and human rights


Business and human rights: the Working Group on the issue of human
rights and transnational corporations and other business enterprises,
and improving accountability and access to remedy ............................................... res. 44/15 187

Charter of the United Nations


Contribution of respect for all human rights and fundamental freedoms
to achieving the purposes and upholding the principles of the Charter
of the United Nations .............................................................................................. res. 44/23 219

Children
Mandate of the Special Rapporteur on the sale and sexual exploitation
of children, including child prostitution, child pornography and other
child sexual abuse material ..................................................................................... res. 43/22 73
Trafficking in persons, especially women and children: strengthening
human rights through enhanced protection, support and empowerment
of victims of trafficking, especially women and children ....................................... res. 44/4 155

Climate change
Human rights and climate change ........................................................................... res. 44/7 164

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Consultative Group
Methods of work of the Consultative Group of the Human Rights Council ........... dec. 43/117 146

Coronavirus disease
Decision adopted by the Human Rights Council on 29 May 2020 ......................... dec. 43/116 146
Extension of mandates and mandated activities ...................................................... dec. 43/115 146
Human rights implications of the COVID-19 pandemic ......................................... PRST 43/1 148
The central role of the State in responding to pandemics and other health
emergencies, and the socioeconomic consequences thereof in advancing
sustainable development and the realization of all human rights ............................ res. 44/2 151

Democratic People’s Republic of Korea


Situation of human rights in the Democratic People’s Republic of Korea .............. res. 43/25 80

Discrimination
Adequate housing as a component of the right to an adequate standard
of living, and the right to non-discrimination in this context .................................. res. 43/14 51
Combating intolerance, negative stereotyping and stigmatization of,
and discrimination, incitement to violence and violence against, persons
based on religion or belief ....................................................................................... res. 43/34 121
Elimination of all forms of discrimination against women and girls ...................... res. 44/17 197
Elimination of discrimination against persons affected by leprosy and
their family members .............................................................................................. res. 44/6 162
Mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action................... res. 43/35 124
Mandate of the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance ...................................... res. 43/36 125
Promotion and protection of the human rights and fundamental freedoms of
Africans and of people of African descent against excessive use of force and
other human rights violations by law enforcement officers .................................... res. 43/1 14

Durban Declaration and Programme of Action


Mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action................... res. 43/35 124

Economic, social and cultural rights


Mandate of 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 ......................... res. 43/10 37
Promotion of the enjoyment of the cultural rights of everyone
and respect for cultural diversity ............................................................................. res. 43/9 35

Education
The right to education ............................................................................................. res. 44/3 153

El Salvador
Outcome of the universal periodic review: El Salvador .......................................... dec. 43/102 140

Egypt
Outcome of the universal periodic review: Egypt ................................................... dec. 43/113 145


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Eritrea
Situation of human rights in Eritrea ........................................................................ res. 44/1 150

Extrajudicial, summary or arbitrary executions


Mandate of the Special Rapporteur on extrajudicial, summary or arbitrary
executions................................................................................................................ res. 44/5 160

Extreme poverty
Extreme poverty and human rights ......................................................................... res. 44/13 184

Fiji
Outcome of the universal periodic review: Fiji ....................................................... dec. 43/105 141

Foreign debt
Mandate of 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 ..................... res. 43/10 37

Freedom of opinion and expression


Freedom of opinion and expression ........................................................................ res. 44/12 180
Freedom of opinion and expression: mandate of the Special Rapporteur on the
promotion and protection of the right to freedom of opinion and expression ......... res. 43/4 21

Gambia
Outcome of the universal periodic review: Gambia ................................................ dec. 43/103 140

Genocide
Fifteenth anniversary of the responsibility to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity, as
enshrined in the 2005 World Summit Outcome ...................................................... res. 44/14 185
Prevention of genocide ............................................................................................ res. 43/29 98

Georgia
Cooperation with Georgia ....................................................................................... res. 43/37 126

Human rights bodies and mechanisms


Mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action................... res. 43/35 124
Regional arrangements for the promotion and protection of human rights ............ res. 43/17 61
The Social Forum .................................................................................................... res. 44/22 218

Human Rights Council


Decision adopted by the Human Rights Council on 29 May 2020 ......................... dec. 43/116 146
Efficiency of the Human Rights Council – addressing financial and
time constraints ....................................................................................................... PRST OS/13/1 12
Extension of mandates and mandated activities ...................................................... dec. 43/115 145
Methods of work of the Consultative Group of the Human Rights Council ........... dec. 43/117 146

Human rights defenders


Mandate of the Special Rapporteur on the situation of human rights defenders ..... res. 43/16 60

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Human rights and sport


Promoting human rights through sport and the Olympic ideal................................ res. 43/18 62

Human rights situation in Palestine and other occupied Arab territories


Ensuring accountability and justice for all violations of international law in
the Occupied Palestinian Territory, including East Jerusalem ................................ res. 43/3 18
Human rights in the occupied Syrian Golan............................................................ res. 43/30 104
Human rights situation in the Occupied Palestinian Territory, including
East Jerusalem ......................................................................................................... res. 43/32 113
Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem, and in the occupied Syrian Golan .................................................. res. 43/31 106
Right of the Palestinian people to self-determination ............................................. res. 43/33 119

Independence of judges and lawyers


Independence and impartiality of the judiciary, jurors and assessors, and the
independence of lawyers ......................................................................................... res. 44/9 170
Mandate of the Special Rapporteur on the independence of judges and lawyers .... res. 44/8 170

International cooperation
Enhancement of international cooperation in the field of human rights.................. res. 44/18 202
Promoting mutually beneficial cooperation in the field of human rights ................ res. 43/21 70

International solidarity
Mandate of the Independent Expert on human rights and international solidarity .. res. 44/11 177

Iran (Islamic Republic of)


Outcome of the universal periodic review: Islamic Republic of Iran ...................... dec. 43/107 142
Situation of human rights in the Islamic Republic of Iran....................................... res. 43/24 79

Iraq
Outcome of the universal periodic review: Iraq ...................................................... dec. 43/111 144

Italy
Outcome of the universal periodic review: Italy ..................................................... dec. 43/101 140

Kazakhstan
Outcome of the universal periodic review: Kazakhstan .......................................... dec. 43/109 143

Kuwait
Outcome of the universal periodic review: Kuwait ................................................. dec. 44/102 222

Leprosy
Elimination of discrimination against persons affected by leprosy and
their family members .............................................................................................. res. 44/6 162

Libya
Technical assistance and capacity-building to improve human rights in Libya ...... res. 43/39 133


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Madagascar
Outcome of the universal periodic review: Madagascar ......................................... dec. 43/110 143

Mali
Technical assistance and capacity-building for Mali in the field of human rights .. res. 43/38 128

Migrants
Human rights of migrants: mandate of the Special Rapporteur on the
human rights of migrants......................................................................................... res. 43/6 26

Minorities
Rights of persons belonging to national or ethnic, religious and linguistic
minorities: mandate of the Special Rapporteur on minority issues ......................... res. 43/8 32

Myanmar
Situation of human rights in Myanmar.................................................................... res. 43/26 87

Nicaragua
Promotion and protection of human rights in Nicaragua ........................................ res. 43/2 16

Peaceful protests
The promotion and protection of human rights in the context of
peaceful protests ...................................................................................................... res. 44/20 210

Persons with disabilities


Awareness-raising on the rights of persons with disabilities, and
habilitation and rehabilitation.................................................................................. res. 43/23 74
Special Rapporteur on the rights of persons with disabilities.................................. res. 44/10 175

Racism
Mandate of the Intergovernmental Working Group on the Effective
Implementation of the Durban Declaration and Programme of Action................... res. 43/35 124
Mandate of the Special Rapporteur on contemporary forms of racism,
racial discrimination, xenophobia and related intolerance ...................................... res. 43/36 125
Promotion and protection of the human rights and fundamental freedoms of
Africans and of people of African descent against excessive use of force and
other human rights violations by law enforcement officers .................................... res. 43/1 14

Religion
Combating intolerance, negative stereotyping and stigmatization of,
and discrimination, incitement to violence and violence against, persons
based on religion or belief ....................................................................................... res. 43/34 121
Freedom of religion or belief................................................................................... res. 43/12 43

Responsibility to protect
Fifteenth anniversary of the responsibility to protect populations from
genocide, war crimes, ethnic cleansing and crimes against humanity, as
enshrined in the 2005 World Summit Outcome ...................................................... res. 44/14 185

Right to food
The right to food...................................................................................................... res. 43/11 39

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Right to the enjoyment of the highest attainable standard of physical


and mental health
Human rights implications of the COVID-19 pandemic ......................................... PRST 43/1 148
The central role of the State in responding to pandemics and other health
emergencies, and the socioeconomic consequences thereof in advancing
sustainable development and the realization of all human rights ............................ res. 44/2 151
Mental health and human rights .............................................................................. res. 43/13 46

Right to work
Right to work........................................................................................................... res. 43/7 27

San Marino
Outcome of the universal periodic review: San Marino .......................................... dec. 43/106 142

Slovenia
Outcome of the universal periodic review: Slovenia............................................... dec. 43/112 144

Social Forum
The Social Forum .................................................................................................... res. 44/22 218

South Sudan
Situation of human rights in South Sudan ............................................................... res. 43/27 93

Spain
Outcome of the universal periodic review: Spain ................................................... dec. 44/101 222

Sustainable Development Goals


Promotion and protection of human rights and the implementation
of the 2030 Agenda for Sustainable Development .................................................. res. 43/19 66

Syrian Arab Republic


Situation of human rights in the Syrian Arab Republic........................................... res. 43/28 2
Situation of human rights in the Syrian Arab Republic........................................... res. 44/21 216

Syrian Golan
Human rights in the occupied Syrian Golan............................................................ res. 43/30 104
Israeli settlements in the Occupied Palestinian Territory, including
East Jerusalem, and in the occupied Syrian Golan .................................................. res. 43/31 106

Technical assistance or cooperation


Cooperation with Georgia ....................................................................................... res. 43/37 126
Technical assistance and capacity-building for Mali in the field of human rights .. res. 43/38 128
Technical assistance and capacity-building to improve human rights in Libya ...... res. 43/39 133

Torture and other cruel, inhuman or degrading treatment or punishment


Torture and other cruel, inhuman or degrading treatment or punishment:
mandate of the Special Rapporteur ......................................................................... res. 43/20 68


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Trafficking in persons
Trafficking in persons, especially women and children: strengthening
human rights through enhanced protection, support and empowerment
of victims of trafficking, especially women and children ....................................... res. 44/4 155

Unilateral coercive measures


The negative impact of unilateral coercive measures on the
enjoyment of human rights ...................................................................................... res. 43/15 54

Universal periodic review


Outcome of the universal periodic review: Angola ................................................. dec. 43/108 143
Outcome of the universal periodic review: Bosnia and Herzegovina ..................... dec. 43/114 145
Outcome of the universal periodic review: Egypt ................................................... dec. 43/113 145
Outcome of the universal periodic review: El Salvador .......................................... dec. 43/102 140
Outcome of the universal periodic review: Fiji ....................................................... dec. 43/105 141
Outcome of the universal periodic review: Gambia ................................................ dec. 43/103 140
Outcome of the universal periodic review: Iraq ...................................................... dec. 43/111 144
Outcome of the universal periodic review: Islamic Republic of Iran ...................... dec. 43/107 142
Outcome of the universal periodic review: Italy ..................................................... dec. 43/101 140
Outcome of the universal periodic review: Kazakhstan .......................................... dec. 43/109 143
Outcome of the universal periodic review: Kuwait ................................................. dec. 44/102 222
Outcome of the universal periodic review: Madagascar ......................................... dec. 43/110 143
Outcome of the universal periodic review: Plurinational State of Bolivia .............. dec. 43/104 141
Outcome of the universal periodic review: San Marino .......................................... dec. 43/106 142
Outcome of the universal periodic review: Slovenia............................................... dec. 43/112 144
Outcome of the universal periodic review: Spain ................................................... dec. 44/101 222
Women and women’s rights
Elimination of all forms of discrimination against women and girls ...................... res. 44/17 197
Elimination of female genital mutilation ................................................................. res. 44/16 191
Trafficking in persons, especially women and children: strengthening
human rights through enhanced protection, support and empowerment
of victims of trafficking, especially women and children ....................................... res. 44/4 155

GE.20-11008(E)

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