HRC54: HRC Hears the Presentation of Reports on Cambodia, Georgia, and Yemen
The 54th Session of the Human Rights Council
11 September-13 October 2023
Item 10 - General Debate on Technical Assistance and Capacity Building
10 October 2023
By: Manlaibayar Baatarzorig / GICJ
Executive Summary of the Panel Discussion
Mr. Christian Salazar Volkmann, Director of the Field Operations and Technical Cooperation Division at the Office of the High Commissioner for Human Rights, (OHCHR) presented crucial reports on Cambodia, Georgia, and Yemen on the 10th of October 2023, during the 54th Session of the Human Rights Council. These reports shed light on the state of human rights in these regions.
In Cambodia, the OHCHR has persistently supported the government in meeting international human rights obligations. Despite successful elections, concerns were raised about restricted civic and electoral spaces. Cambodia, however, contested the report's accuracy, emphasising democratic achievements while disputing claims of human rights intimidation. Georgia’s overdue report submission on rights was commended, yet the lack of access to specific regions and the need to safeguard assembly rights remained critical. The report underscored severe rights violations due to Russian occupation, impacting socio-economic conditions and freedom of movement. Advocacy for a firm stance against Russia to enforce international commitments was emphasised. In Yemen, the National Commission’s efforts and the Presidential Leadership Council’s measures were recognized for promoting stability. However, challenges persisted, notably the Houthi militias’ refusal to implement crucial provisions of the humanitarian truce. The report illustrates the complexities and differing perspectives surrounding human rights issues in these countries, urging sustained attention and collective action to address ongoing challenges and ensure human rights fulfilment.
The delegates from Cambodia, Georgia, and Yemen, representing their respective countries, highlighted distinct perspectives on the human rights situations within their borders. Cambodia, expressing dissatisfaction with the report, criticized it for containing unverified information and neglecting Cambodia’s submissions. Emphasising its democratic achievements, Cambodia underlined the conduct of regular elections with significant turnouts and disputed claims of human rights defenders’ intimidation as a one-sided interpretation. Georgia, on the other hand, shed light on the dire consequences of Russian occupation in its territories, addressing significant human rights violations, ethnic discrimination, and restrictions on freedom of movement. Holding Russia responsible for these violations and preventing inspections by international human rights mechanisms, Georgia called for a robust international stance to compel Russia to honour its commitments and cease these violations. Yemen, meanwhile, emphasized the role of its National Commission of Inquiry, valuing its efforts in monitoring and documenting human rights allegations, while criticizing the Houthi militias for refusing to adhere to provisions of the humanitarian truce and committing human rights violations, notably the recent mass abduction of citizens.
Background
At HRC54, the OHCHR was lauded for its expertise and crucial support to states actively seeking aid from the United Nations. This aid facilitated meaningful dialogue and cooperation among states, the OHCHR, and the Council's mechanisms, emphasizing that such support should be extended only upon states' request and consent, adhering to UN General Assembly resolution 60/251. The session demonstrated a positive shift towards focusing on enhancing human rights situations globally through dialogue, cooperation, technical assistance, and capacity-building. This progress signifies collaborative efforts to fortify and safeguard human rights worldwide. Specifically, Cambodia encounters challenges with freedoms during elections, and OHCHR assists in addressing social rights and monitoring limitations on rights. In Yemen, severe human rights violations stem from an ongoing conflict, where OHCHR aids investigations through the National Commission. In Georgia's Russian-occupied regions, OHCHR advisers provide assistance and advocacy to address various human rights concerns. These instances highlight OHCHR's instrumental role in aiding states facing diverse human rights challenges and its commitment to promoting and safeguarding human rights globally.
Panel Discussion
The discussion was led by Mr. Marc Bichler, the Vice President of the Human Rights Council Bureau, who initiated a general debate on technical assistance and capacity building under item 10.
Behalf of the African group
The African Group underscored the importance of providing technical and capacity-building assistance, aligning with the High Commissioner for Human Rights' mandate to promote and protect human rights. They emphasize that such support strengthens the rule of law, consolidates democracy, and addresses inequalities. The African Group commended the technical assistance provided by the High Commissioner, facilitating cooperation among member states, UN bodies, and civil society to enhance the enjoyment of human rights. They also praised the UN Trust Fund for Technical Cooperation and the Voluntary Technical Trust Fund for their effective contributions, particularly in aiding Least Developed Countries and Small Island Developing States to participate fully in the Human Rights Council's work, promoting universality and inclusiveness in the UN's human rights mechanisms.
Spain behalf of European Union (EU)
The EU, together with candidate countries and the European Economic Area, strongly condemned Hamas' indiscriminate attacks on Israel and expressed deep concern for the loss of lives. They emphasized the importance of supporting the work of the OHCHR and called for full cooperation with UN human rights mechanisms. There were worries about insufficient and sustainable funding for UN human rights bodies, particularly the OHCHR. The EU acknowledged Cambodia's collaboration with the OHCHR but expressed deep concerns about political and civil rights restrictions, particularly during recent elections. They also appreciated the OHCHR's report on Georgia, emphasizing the need for a safe environment for civil society and media, an independent judiciary, and combating gender-based discrimination. Grave concerns were raised about human rights violations in regions like Abkhazia and South Ossetia, including restrictions on freedom and education. The EU also expressed concerns about human rights violations and the situation of migrants and refugees in Yemen, calling for the removal of obstacles and ensuring access to humanitarian aid without discrimination.
The delegate of Timor-Leste on behalf of a group of countries highlighted the unique vulnerabilities these states face due to their small size, limited resources, and geographical location. They emphasized the heightened risks of adverse impacts from climate change, such as rising sea levels and extreme weather, directly threatening the safety and livelihoods of their populations. The statement stressed the critical need for increased technical and financial assistance, along with capacity building, to enhance resilience and protect the human rights of their people. The group acknowledged the valuable contributions of existing mechanisms, such as voluntary funds supporting technical cooperation, assistance for participation in the Council's work, and aid for implementing Universal Periodic Review (UPR) recommendations. They emphasized the crucial role of these funds in strengthening national human rights frameworks, enabling meaningful engagement in discussions and negotiations. The group strongly advocated for sustained support through these voluntary funds, emphasizing their vital role in promoting and safeguarding human rights for all, ensuring no one is left behind.
On behalf of a group of countries, the delegate of Venezuala reitereated that the he UN Charter underscores the significance of the United Nations as a crucial platform for international cooperation in economic and social progress. The COVID-19 pandemic has led to a crisis impacting not only healthcare systems but also global socio-economic aspects, particularly affecting achievements in sustainable development, especially in developing nations. They emphasized the urgent need for international cooperation, solidarity, increased investment, improved productive capacities, financing for development, and technology access to aid global recovery post-pandemic. The group stressed the importance of respecting international law for friendly relations and cooperation among states, crucial for the realization of the right to development. They concluded by acknowledging the essentiality of strengthened and expanded international cooperation and solidarity for achieving sustainable development goals.
Finland
The delegate of Finland expressed deep concern over the Israel-Gaza conflict, condemning terrorist attacks by Hamas while emphasizing the need to protect civilian lives and adhere to international humanitarian law. Additionally, the delegate of Finland advocated for the strengthening of national structures in all states to safeguard and fulfil human rights, highlighting the importance of the UN's technical assistance, which requires financial support. The delegate of Finland strongly backed the Secretary General's proposed human rights program for 2024 and urged all states to endorse it in the General Assembly. They also supported Georgia's sovereignty and territorial integrity, advocating for unrestricted access to international and regional human rights mechanisms. The delegate of Finland appreciated Georgia's cooperation with the UN on human rights reforms. Moreover, the delegate of Finland welcomed the deployment of an International Security mission to aid Haiti in addressing the crisis and ensuring human rights protection. Expressing concern about intensified armed violence in the eastern Democratic Republic of the Congo, the delegate of Finland encouraged continued cooperation between the DRC and the UN to strengthen the rule of law and ensure accountability for human rights violations.
Ukraine
The statement focused on the ongoing conflict between Russia and Ukraine, highlighting the UN's Human Rights Monitoring Mission deployed in Ukraine since 2014. This mission has reported severe violations of human rights and international law by Russia, including war crimes and crimes against humanity during the invasion of Ukraine. Despite restrictions imposed by Russia on monitoring missions' access to the occupied territories, Ukraine urged continued monitoring and reporting on human rights violations by the occupying authorities. The statement expanded to highlight Russia's broader pattern of violating human rights, mentioning the lack of international access to specific regions, language replacement in schools, and other violations in Georgia's occupied territories. Ukraine strongly condemned these continuous human rights violations by Russia and reaffirmed support for Georgia's independence and territorial integrity within recognized borders. The statement urged international partners and UN human rights mechanisms to press Russia to adhere to international law, cease aggression, and end its occupation of sovereign states.
The delegate of the United States of America highlighted the importance of the OHCHR, appreciating its work in providing technical assistance and enhancing countries’ capacities to uphold human rights. Acknowledging improvements seen in countries openly collaborating with OHCHR, they emphasised the protection of civic space, accountability promotion, and vulnerable populations' safeguarding. The delegate of the United States of America specifically pointed out collaborative efforts in nations like Haiti, Colombia, Georgia, and Somalia to strengthen institutions, counter gang violence, implement peace accords, and bolster freedoms of expression and association. Expressing concern over Russia's prevention of access to certain areas in Georgia it occupies, they urged cooperation with international monitors and cessation of human rights abuses in those territories. Additionally, the delegate of the United States of America reiterated its strong support as one of the largest donors to OHCHR, endorsing the vital work carried out by the High Commissioner and their team in addressing increasingly complex human rights challenges globally.
China
The delegate of China highlighted the importance of the council's mandate regarding advisory services, technical assistance, and capacity building in the realm of human rights. Despite the establishment of the OHCHR and the creation of the LDC Trust Fund, the achievements under this mandate have been limited. Mentioning certain countries' attempts to create specific mechanisms under item 10, the statement suggested that technical cooperation has sometimes been used to disparage relevant countries. Independent expert country visits, meant to offer guidance through reports, have seemingly lost their original intent, often sharing similar content. When countries struggle to implement recommendations from these reports, the statement expressed a lack of assistance, indicating a diversion from the mandate's intended purpose. Acknowledging the need for progress, the delegate of China welcomed the OHCHR's efforts to intensify work in pertinent areas, especially in promoting technical assistance for human rights. The delegate of China outlined principles for such assistance, stressing the importance of respecting a country's wishes and sovereignty, conducting work through consultations, adopting a result-oriented approach that offers tangible assistance, and primarily focusing on promoting and protecting human rights.
Several speakers emphasized the United Nations as a crucial and irreplaceable platform for addressing global issues related to economic development and social progress. They highlighted the significance of dialogue, cooperation, and consensus-building among nations within the UN framework. The speaker urged a continued and dedicated commitment to revitalize and reinforce the UN's role, particularly in the current global context, emphasizing the necessity for increased solidarity, cooperation, and the utilization of diplomatic tools outlined in the UN Charter to tackle contemporary international challenges.
Geneva International Centre for Justice (GICJ) underscores the importance of addressing critical human rights issues in Cambodia, Georgia, and Yemen, as highlighted by the OHCHR's reports during the 54th Session of the Human Rights Council. The GICJ acknowledges the challenges faced by these nations, such as limited civic and electoral spaces in Cambodia, severe rights violations due to Russian occupation in Georgia, and the persistent challenges in Yemen, particularly the refusal of Houthi militias to implement provisions of the humanitarian truce. The GICJ advocates for a robust international stance to enforce human rights obligations and ensure the protection and promotion of human rights in these regions. Additionally, the GICJ emphasises the importance of technical assistance and capacity-building, supporting the High Commissioner's mandate to promote and protect human rights while stressing the critical role of the United Nations in fostering global cooperation and addressing economic development and social progress challenges.
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