With Human Rights Complaints Spiraling Worldwide, Third Committee Underscores Need to Protect Defenders of Victims, Increase Staff, Funding for Treaty Bodies
Amid a growing number of humanitarian crises worldwide, the Third Committee (Social, Humanitarian and Cultural) highlighted dangers faced by human rights defenders and the need for sufficient staff and funding in coping with victims, as it continued its discussion on the promotion of human rights today. Amid a growing number of humanitarian crises worldwide, in his keynote address, General Assembly President Dennis Francis highlighted deteriorating respect for human rights in many parts of the world. He emphasized the dangers faced by human rights defenders and said that discrimination based on sex has doubled globally. Switching to humanitarian action, he said 2023 has been marked by a “stream of humanitarian crises”, the latest being the recent earthquake in Afghanistan and the deteriorating situation in the Middle East.
Also addressing the Committee, Laura Maria Crăciunean-Tatu, Chair of the Committee on Economic, Social and Cultural Rights, highlighted a backlog of 32 State party reports pending review, partially due to the COVID‑19 pandemic. The backlog is of great concern, she said, as the Committee is unable to fulfil the mandate entrusted to it by the Economic and Social Council (ECOSOC). Moreover, the Committee faces a situation of non- and late-reporting, as numerous States are more than 10 years overdue with the submission of their reports, some more than 25 years.
Alice Cruz, Special Rapporteur on the elimination of discrimination against persons affected by leprosy (Hansen’s disease) and their family members, said people suffering with the disease in low- and middle-income countries, where it is prevalent, “have been actively invisibilized by colonialism, authoritarian medical practices, violating State´s policies and stigmatization”. Further, she said harmful stereotypes about the disease threaten fundamental rights and freedoms. Regrettably, the response from Member States has been feeble.
A further briefer, Human Rights Committee President Tania María Abdo Rocholl, presenting her report (document A/78/40), stressed that the treaty body system provides an “objective assessment and not a political assessment of human rights issues”. She cautioned that the Committee has received the highest number of individual complaints under the treaty body system. Without additional staff or sufficient funding, catching up on a growing backlog is impossible. She asked States parties to support the human rights treaty bodies which they have ratified, and expressed hope that they will show the greatest possible commitment to it.
In the ensuing interactive dialogue, delegates asked how States might support the Human Rights Committee in addressing its backlog and called on the body to respect the limits of its mandate.
The representative of the Russian Federation said that his country is actively collaborating with treaty bodies and the Human Rights Committee. He said treaty bodies should not be politicized, nor should human rights be used as a pretext for interference in sovereign States. Recognizing that the treaty bodies need more funding, he noted that simple solutions did not exist and suggested that treaty bodies are distracted by issues outside their mandate.
The representative of the United States voiced support for the Human Rights Committee’s commitment to treaty body reform. Reiterating concern that the Committee issues over-expansive interpretations of the International Covenant on Civil and Political Rights in its recommendations, he underscored the importance of respecting what States agreed to upon signing treaties, stressing that treaty bodies are not the appropriate forum for revising State obligations.
Statement by the President of the General Assembly
DENNIS FRANCIS (Trinidad and Tobago), President of the General Assembly, said respect for human rights has deteriorated in many parts of the world. Highlighting the work ahead, he said the current session will mark the 75th Anniversary of the Universal Declaration of Human Rights and the 30th Anniversary of the Vienna Declaration and Programme of Action. Then, On 15 December, he will present the 2023 United Nations Human Rights Prize. To human rights defenders around the world, the Prize underlines the message that, even in the face of danger, their work matters, and that they should be allowed to carry out their activities without fear, reprisals or intimidation. To achieve the 2030 Sustainable Development Goals (SDGs), he emphasized the need to leverage human rights. From a gender perspective, he stressed that none of the indicators for SDG 5, on gender equality, are even close to being met. Violence against women and girls continues to be widespread. Harmful practices and discrimination based on sex have doubled, and 54 per cent of countries still lack laws in all key areas of gender equality. The gap in power and leadership is visible at all levels, including in the General Assembly. In recognition of the challenges, he convened the second annual meeting of the Platform of Women Leaders during high-level week to “emphasize and dramatize” the role of women’s leadership in achieving the SDGs.
He said 2023 has been marked by a stream of humanitarian crises – with a record 350 million people in need of urgent humanitarian assistance, or one out of every 23 individuals globally. He cited the recent earthquake in Afghanistan and the deteriorating situation in the Middle East, which have underscored the scale and complexity of challenges that the global humanitarian system faces. Humanitarian workers are under threat, he said, and the UN has yet to receive 70 per cent of funds sought under the Global Humanitarian Appeal to meet urgent needs.. He implored Member States to uphold humanitarian principles and international humanitarian law in all conflicts, and honour their obligations to safeguard humanitarian spaces. Member States must also draw upon the valuable advice and experiences of civil society, human rights defenders, and youth. Separately, he urged delegates to use the Committee as a forum for open and respectful dialogue, adding that all participants are obliged to preserve the decorum and good order of the Assembly and its Committees. “While many issues may divide us, we shall find unity in our common humanity to advocate for a better future for all, and place human rights at the very heart of our work at the UN.,” he said.
Interactive Dialogue — Promotion and Protection of Human Rights
In the morning, the Committee elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by: Tania María Abdo Rocholl, Chair of the Human Rights Committee; Laura Maria Crăciunean-Tatu, Chair of the Committee on Economic, Social and Cultural Rights; and Alice Cruz, Special Rapporteur on the Elimination of Discrimination Against Persons Affected by Leprosy (Hansen’s disease) and their Family Members.
TANIA MARÍA ABDO ROCHOLL, Chair of the Human Rights Committee, presented her report (A/78/40). She said her Committee has continued to cooperate with States Parties to the International Covenant on Civil and Political Rights, including UN entities, national human rights institutions, and non-governmental organizations. During the reporting period, the Committee held constructive dialogues with 18 States Parties, in addition to seven States Parties from the 138th session in July 2023. The total of 25 reports exceeds the 15 submitted last year, she noted. To date the Human Rights Committee has received 33 reports from State Parties. She underscored that the treaty body system provides an “objective assessment and not a political assessment of human rights issues along with guidelines and technical support to states for implementing human rights reforms”. The Committee has been persistent in its commitment to multilingualism, and its report is now available in all official languages.
She said the Human Rights Committee has adopted 181 decisions or expert opinions. The Committee sought to review the greatest number of cases possible during its meetings. In 2019, 134 expert opinions were concluded, 155 in 2020, 132 in 2021 and 175 in 2022, and the pace of cases submitted to the Committee continues to rise. The number of pending cases before the Committee was 1,178 at the end of 2019 and 1,200 at the end of 2022. The Committee has received the highest number of individual complaints in the system created under the treaty body system. For its part, the Human Rights Committee, with the assistance of its petitions section, has attempted to adjust and improve its working methods. When it comes to reviewing individual communications, the Committee continues to lack human resources or staff in the petition sections to keep up with the pace. Without additional staff, it will not be able to do its work and catch up on the backlog. The situation undermines the credibility of the Committee as a body which can provide timely recourse to victims of serious human rights violations, who depend on its work and place their hope and trust in the Committee, she said. To strengthen the UN treaty bodies system, she said the Human Rights Committee is aware of the fact that the financial situation remains difficult. She asked States Parties to support the human rights treaty bodies which they have ratified, and expressed hope that they will show the greatest possible commitment to the treaty. She emphasized the importance of ensuring that the Committee is financed sufficiently under the UN regular budget so that it can carry out its mandate.
In the ensuing interactive dialogue, delegates expressed support for multilingualism in the UN system, asking how States might support the Human Rights Committee in addressing its backlog and calling on the body to respect the limits of its mandate.
The representative of the United States voiced support for the Human Rights Committee’s commitment to treaty body reform. Reiterating concern that the Committee issues over-expansive interpretations of the International Covenant on Civil and Political Rights in its recommendations, he underscored that it is important to respect what States agreed to upon signature of treaties, stressing that treaty bodies are not the appropriate forum for revising State obligations. He asked whether the Committee has discussed additional measures to address its backlog.
The representative of Cameroon recalled that her country’s previous report submission process was greatly delayed because of the COVID‑19 pandemic, noting that the country has its own mechanism to ensure compliance with the Covenant and periodically submits reports. She highlighted that the Human Rights Committee has focal points in other treaty bodies, asking how they informed its work, especially with respect to the Convention on the Rights of the Child andInternational Covenant on Economic, Social and Cultural Rights.
The representative of Costa Rica voiced support for multilingualism, commending Ms. Abdo Rochol for speaking Spanish. All members should be able to speak their mother tongue in the UN system, he added. Noting an increase in the Human Rights Committee’s backlog, he asked how Member States could work with the body to reduce it. Further, how did the Committee intend to bolster their focal points with regional human rights mechanisms such as the Inter-American Court of Human Rights?
The representative of the Russian Federation said that his country is actively collaborating with the treaty bodies and the Human Rights Committee. Further, the country is a participant of most major international human rights treaties and will pursue necessary steps to change its legislation step by step in the human rights field. The treaty bodies should not be politicized, he said, nor should human rights be used as a pretext for interference in sovereign States. Recognizing that the treaty bodies need more funding, he noted that simple solutions did not exist. He suggested that treaty bodies are distracted by issues outside their mandate.
The observer for the European Union encouraged States to become party to the International Covenant on Civil and Political Rights, and its optional protocols. She asked the Chair to elaborate on how the Committee addresses reprisals against witnesses, victims and human rights defenders. Further, she asked the Chair how the digital uplift affects the treaty body’s work.
In response, Ms. ABDO ROCHOL, said innovative measures that States can take to improve their work with the Human Rights Committees include the increased use of technology. The Human Rights Committee works with a public online platform allowing for more transparency. Through digitization, countries can follow up on their recommendations, as well as have more data on hand. The eight-year calendar will facilitate the logistics with their actual meetings, including budgeting for travel, amassing data and structured time to consult with academia and civil society in preparing country reports, she said. The Committee holds meetings with regional human rights networks such as the Inter-American Human Rights system. As the staffing situation is critical, “we may be doomed to failure”, she said, noting that if staff are overworked and burnt out, they cannot perform the Committee’s functions correctly. Members of the Committee fall ill from over-working, not just from discussions with countries, but also writing reports, she said, calling for the support of Member States in “an appeal to [their] humanity”.
Economic, Social and Cultural Rights
LAURA MARIA CRĂCIUNEAN-TATU, Chair of the Committee on Economic, Social and Cultural Rights, said her Committee is currently reviewing State party reports at a regular pace. She stressed that the Committee is eager to pursue engagement with all States Parties and proceed as effectively as possible with the consideration of reports submitted. Currently, there is a backlog of 32 State party reports pending review, partially also due to the postponement of reviews during the COVID‑19 pandemic. This is of great concern, as the Committee is unable to fulfil the mandate entrusted to it by the Economic and Social Council (ECOSOC), she said. Her Committee continues to face a general situation of non- and late reporting. Numerous States are more than 10 years overdue with submission of their reports, including numerous initial reports. She encouraged States with long overdue periodic reports to submit them. “We consider that it is essential to initiate our dialogue with you and we would like to support you to overcome the constraints you are faced with in complying with your reporting obligations.”
Separately, she said the Committee continues to receive a high number of individual communications, as can also be seen in the Secretary-General’s report on the status of the treaty body system (document A/77/279). To review them, the Committee and its Working Group on Individual Communications will need necessary resources from the Secretariat to assist, including digital tools currently under development. Regarding resources, she said the Committee has made important decisions within the treaty body system. An Office of the United Nations High Commissioner for Human Rights (OHCHR) Working Paper, she said, offers options and guiding questions on proposed reforms of the treaty body system that were developed by the Chairs in their conclusions of 2022. At the 35th annual meeting of the Chair of the treaty bodies in May and June 2023, the Chairs welcomed the Working Paper as an important step with a view to providing possible elements for the next biennial General Assembly resolution on the human rights treaty body system in December 2024. The treaty body Chairs recognized that States and treaty bodies have distinct but interlinked mandates.
In the ensuing interactive dialogue, delegates underlined that economic, social and cultural rights reflect the well-being of all citizens, with the representative of El Salvador noting that his country has built a basis for fair economic and social development. He further underscored the importance of protecting the rights of the child, noting the implementation of national policies to promote health, as well as the roadmap for a sustainable food system, addressing chronic illnesses and malnutrition. Globally, numerous socioeconomic development-related challenges impact different groups of El Salvador’s population, he pointed out, asking Ms. Crăciunean-Tatu to outline strategies to promote more inclusive global responses to these critical situations.
Along similar lines, Cameroon’s delegate, underlining that the SDGs are not going to be achieved until economic, social and cultural rights are achieved for all, asked about measures the Committee on Economic, Social and Cultural Rights has taken to assist donor states in accelerating the Goals.
Adding to that, an observer for the European Union asked Ms. Crăciunean-Tatu to identify the main issues of the 73rd and 74th sessions of her Committee; whether she has recognized the impact of the economic crisis — related to war and the COVID‑19 pandemic — on the realization of social and economic rights; and whether she has considered introducing a simplified reporting procedure.
China’s delegate stressed the need to meet the expectation of vulnerable communities, emphasizing that developed countries should provide technical and financial assistance to developing countries. As the largest developing country, China is aware of the importance of eliminating inequality and adopting a people-centred approach to human rights, he added.
Meanwhile, the representative of the Russian Federation voiced concern over the desire of some countries to undermine the principles of international law in the human rights sphere to fit their own geopolitical interest. These countries continue to act in the vein of colonial thinking, introducing unilateral coercive measures that create artificial barriers for the development of developing countries. As a result of such actions, socioeconomic and cultural rights of millions of people have been brutally violated, he said, adding that this amounts to collective punishment. He called on Ms. Crăciunean-Tatu to address this topic more actively.
Ms. CRĂCIUNEAN-TATU responded that her Committee is working on three general comments that are in diverse stages of advancement, including the general comment on economic, social and cultural rights and armed conflict. As for the simplified reporting procedure, she pointed to the introduction of a simplified procedure on a pilot basis. However, the lack of resources is the main impediment to implementation of the simplified reporting procedure, she said.
Persons affected by Leprosy (Hansen’s disease)
Ms. CRUZ, presenting her report (document A/78/173), said that, over these last six years, she has thoroughly documented discrimination on the grounds of leprosy (Hanson’s disease) with a view to providing evidence and information for policymaking. She has elaborated several recommendations for Member States, intergovernmental agencies and civil society spanning civil, political, economic, social and cultural rights. Regrettably, the response from Member States has been feeble. Persons suffering from leprosy (Hansen’s disease) in low- and middle-income countries, where it is prevalent, “have been actively invisibilized by colonialism, authoritarian medical practices, violating State´s policies and stigmatization, [and] are easily dismissed as non-priority”, she said. She documented the pervasiveness of formal and substantive discrimination against this group of people, including the systemic denial of their right to access opportunities on an equal basis with others in areas such as health, education, work, social protection and access to justice.
Further, she presented evidence on physical, psychological and sexual violence, particularly against women and children affected by leprosy (Hansen’s disease), and how harmful stereotypes about the disease can threaten fundamental rights and freedoms, from the right to own property to the very right to life. As thoroughly detailed in her reports, persons affected by the disease and their family members continue to suffer from direct and indirect discrimination, harassment, denial of reasonable accommodation, and victimization, as well as interpersonal and structural violence. Indeed, violence is too often the consequence of discrimination — in the case of interpersonal violence — but also the root cause of discrimination — in the case of structural violence. Furthermore, she highlighted a major gap in the provision of remedies and reparations for present and past human rights violations against persons affected by the disease and their family members. Several countries maintain legal frameworks that discriminate against persons affected by leprosy (Hansen’s disease), she added.
To fully eliminate discrimination against this “extremely marginalized and historically ostracized group of people”, States must take positive steps to both protect and fulfil the human rights of persons affected. To that end, she recommended that relevant States elaborate and enact anti-discrimination legal frameworks, for which she provided guidance on key matters, such as the right to participation and an intersectional approach to protected grounds. States have a positive obligation to fight discrimination in various areas of life, extending to customary practices based on local and world religions. In the present report, she analysed the legal frameworks of the 23 global priority countries identified by the World Health Organization (WHO) as priority countries for action on leprosy (Hansen’s disease). The 23 priority countries are: Angola, Bangladesh, Brazil, Comoros, Côte d’Ivoire, Democratic Republic of the Congo, Egypt, Ethiopia, Federated States of Micronesia, India, Indonesia, Kiribati, Madagascar, Mozambique, Myanmar, Nepal, Nigeria, Philippines, Somalia, South Sudan, Sri Lanka, Sudan, and United Republic of Tanzania. The research raised important concerns about the fact that, in many of these countries, there are provisions in force that either discriminate on certain grounds — the most frequent one being sexual orientation — or fail to fully protect some groups of people, such as women or persons with disabilities, which include persons affected by leprosy (Hansen’s disease).
In the ensuing interactive dialogue, delegates asked the Special Rapporteur to share examples of discrimination suffered by those with leprosy (Hansen’s disease) and shared their national policies addressing the issue.
The representative of Brazil said that her country has ratified international instruments related to persons with leprosy and has national legislation dealing with the issue. The country’s National Strategy for Combatting Hansen’s Disease acts to ensure that persons with the disease do not become disabled. She voiced support for increased international cooperation on the issue, highlighting that Brazil signed a bilateral agreement with Angola this year.
The representative of Japan said that Hansen’s disease is both a health and discrimination issue, noting that the Government has a redress mechanism to address past abuses. She asked the Special Rapporteur for good practices to maintain the dignity of those affected by Hansen’s disease and their family members. She thanked the Special Rapporteur for her tenure and wished her luck on her next steps.
The representative of China said that the country takes the rights of persons with leprosy seriously. They receive proper medical attention, fulfilling their rights to life and health, and that China combats discrimination through awareness campaigns and education, building a culture of respect for those affected. While it is a minor problem in China, it remains an important issue, he said, reiterating its commitment to make contributions to leprosy control efforts.
The representative of Portugal asked Ms. Cruz to share some examples of discrimination faced by people with leprosy as well as what impact the disease has on sustainable development.
The observer for the Sovereign Order of Malta said that those affected by Hansen’s are not defined by their illness. They are mothers, fathers, sons and daughters and deserve opportunities, he said, decrying the fact that ostracization repeats cycles of poverty and exclusion. The Order’s programme to address leprosy treatment is multifaceted. Recently in Cambodia, a facility opened that is dedicated to addressing foot deformities and has helped over 700 people affected by Hansen’s disease. Further, a separate branch of the Order is working on research into genetic factors of the illness.
In response, Ms. CRUZ said that two countries in the world have reparations for the past crime of forced segregations of persons with leprosy — Brazil and Japan — though only Brazil has dedicated anti-discrimination legislation. Though commendable, these policies are not enough, she said. There is no monitoring mechanism for leprosy in the world and therefore Governments are often unaware of its existence in their countries, yet children are expelled from school, abused at home, or barred from social protection benefits. She called on Governments to include persons with Hansen’s disease in addressing their multiple barriers to participation, adding that the Convention on the Rights of Persons with Disabilities can guide them. Noting examples of discrimination, she stressed that leprosy colonies still exist and that when women cannot access medical care, they are isolated at home and subject to gender-based and sexual violence. Worse, people working in healthcare are afraid of persons with Hansen’s disease and do not know how to diagnose or treat leprosy, thinking that it is in the past. She called on countries to include Hansen’s disease specifically in the 2030 Agenda for Sustainable Development, specifically as it is a neglected tropical disease that primarily affects those in poverty. Development is not only economic growth, but must also address those who are the most marginalized, she said.
General Debate
BLANDINA RUTH VIDITHA ADELEIDE PELLA (Indonesia) reiterated her Government’s commitment to addressing any ambiguities in the Special Rapporteur’s report, urging a more balanced and objective approach. Indonesia remains firmly committed to the protection of Indigenous communities, as enshrined in its Constitution. To this end, various policy actions have been introduced that involve fostering an environment where Indigenous communities can thrive and maintain their traditional way of life. These policies — aiming to ensure the preservation of Indigenous Peoples’ rich heritage — include the right to practice religion and express traditional beliefs and culture without discrimination. She also spotlighted the creation of the local wisdom field school — capacity building for schools to protect the cultural wealth of Indonesia’s Indigenous communities.
CELIA KAFUREKA NABETA (Uganda) said Indigenous people are protected in her country by the 1995 Constitution. They are also protected by the Land Act, recognizing customary land tenure, and the National Environment Act, which requires Indigenous Peoples’ rights to be considered in environmental decision-making. Meanwhile, an affirmative action programme seeks to address historical injustices and inequality in access to basic services. It functions on a consultative basis and has held more than 12 regional consultations to gather inputs from Indigenous communities on their needs and priorities. Further, in 2019, Uganda established the National Indigenous Peoples Reference Committee that brought together 23 Indigenous Peoples’ representatives with Government and statutory bodies. Nevertheless, despite the Government’s efforts to improve service delivery, most Indigenous Peoples still live in poverty, have high levels of illiteracy, limited health care and insecurity resulting from land grabs by neighbouring pastoralists. More still needs to be done to fully integrate Indigenous Peoples in Uganda.
ROBERT ALEXANDER POVEDA BRITO (Venezuela) said that Indigenous Resistance Day, which is celebrated tomorrow, 12 October, is a tribute to the country’s original peoples, who opposed colonization and the ruthless cultural imposition oppressing them for centuries. Defending the rights of Indigenous Peoples is an ongoing struggle after the process of territorial religious history and the most atrocious genocide in human history, which has gone unrecognized, he said. Venezuela supports Indigenous Peoples, who are included in national development plans as well as public policies on health, education and culture. However, unilateral coercive measures worsen situations for all, particularly those in vulnerable situations. The fallout of the COVID‑19 pandemic, hegemonic policies and historical expulsion require reparations, he stressed, adding that 300 years of colonization have plundered resources, which former colonial powers continue to deny. He called States to compensate the damage done to Indigenous Peoples and make all efforts to preserve Indigenous languages.
AVITAL MIMRAN ROSENBERG (Israel) said that, as thousands of rockets rained down indiscriminately upon Israeli towns and cities, hundreds of Hamas terrorists infiltrated Israel and began a “barbaric pogrom of unparalleled magnitude”. She said “ruthless terrorists” gunned down Israeli civilians in the streets, shot entire families point blank, gathered children and infants, tied them up, shot them, beheaded them and took them as trophies into Gaza. Additionally, over 150 Israeli women, children, elderly persons and Holocaust survivors were abducted and taken into the Gaza strip. All these inhumane acts were recorded, posted and broadcast on social media for the world to see. The abductors made a point of showing how deep their hate is, she said. “Hamas is a genocidal Jihadist terror organization. It is no different than ISIS.” The group does not want dialogue, she said, but sought only one thing — the annihilation of the Jewish State. This is a war of hate against the Jews, against the Indigenous inhabitants of Israel, she said.
MARISSA DEL ROSARIO BLACKETT, observer of the Sovereign Order of Malta, said Indigenous communities have endured systematic discrimination, repudiation and dispossession of their ancestral homes and resources. Yet, their traditional knowledge and practices have made them essential stewards of valuable ecological knowledge, contributing to sustainable resource management, biodiversity preservation, and climate change mitigation. Those who reside in areas most vulnerable to global warming and environmental degradation have been in the frontlines of climate change impacts and gained valuable insights into adaptation and mitigation strategies. The international community’s response to climate change, therefore, must include their knowledge and sustainable practices. “It is our responsibility to support them in their pursuit of self-determination, cultural preservation, and the protection of their ancestral lands,” she asserted, advocating for targeted policies to address existing inequalities in their access to healthcare, education and economic opportunities. In this regard, since 2014, the humanitarian relief division of the Sovereign Order of Malta — Malteser International Americas — has worked tirelessly with the Indigenous Wayuu people in northern Colombia, whose ancestral lands stretch across both Colombia and Venezuela.