Third Committee Highlights Spike in Conflict-Related Torture, Expresses Concern over Gendered Disinformation Threat to Women, Human Rights Defenders
Delegates expressed outrage over and also denied allegations of torture worldwide as well as concern that gendered disinformation imperils public life for women, gender non-conforming persons and human rights defenders, as UN officials and special mandate holders briefed the Third Committee (Social, Humanitarian and Cultural) today, continuing its work on human rights.
Speaking to the Committee in the morning, Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, noted that at least 108 countries have criminalized torture as an offence and a growing number have opened torture proceedings against perpetrators this year, but said the past year has also been bleak, as torture allegations, particularly war-related, have soared. Moreover, her inquiry into credible allegations of torture by Russian forces in Ukraine has gone unanswered, while her recent country visit to Ukraine found that torture is a Russian State policy.
She voiced concern over allegations of torture in countries in conflict, including Haiti, Myanmar and Yemen, adding that she was shaken by the murder and kidnappings of civilians by Hamas in Israel and calling on State and non-State actors to conform to international norms. “The rise in torture and intimidation to quash political opposition and dissent cannot be ignored,” she stressed, highlighting harassment of opposition politicians and human rights defenders in countries, including Türkiye and Belarus. Instead of calling on States to speak out and act against torture, she proposed the negotiation and adoption of an international torture-free trade agreement prohibiting the manufacture and trade of items such as spiked batons, thumb cuffs and electroshock belts.
When the floor opened for questions, some delegates rejected the Special Rapporteur’s statements and report. The representative of the Russian Federation said Ms. Edwards’ accusations suggested that she had been misled during her visit to Ukraine by faked and staged situations. It is very hard to establish the truth, he added.
Next, Iran’s delegate said the Special Rapporteur’s claims regarding recent riots in that country were hostile, underscoring the Government’s commitment to free assembly, including for women.
Meanwhile, the representative of Israel recalled the Hamas Jihadi terrorist attacks committed against Israeli civilians in recent days, asking the Special Rapporteur to address “atrocities committed with bare hands, using cooking gas, burning whole families alive in their homes, raping women in their homes, including young girls”.
Echoing her Israeli colleague, the representative of the United States condemned the attacks, also expressing concern for crimes against humanity committed by Russian forces in Ukraine.
Responding to Ms. Edwards’ call for an international instrument, the representative of the European Union, speaking in its capacity as observer, said that the launch of the global Alliance for Torture-Free Trade in 2017, which now has 60 members, has built on existing trade regulations to prevent torture, asking for guidance in the creation of an international instrument.
In the afternoon, Irene Kahn, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression presented her report on “gendered disinformation”, which finds that women, girls and gender non-conforming persons are a major target of disinformation. Particularly dangerous, the scourge spreads lies to harm individuals and society at large through well-coordinated campaigns that weaponize gender stereotypes, resulting in pushbacks against gender equality. She added that the phenomenon aims to disempower women and gender non-conforming persons. States must invest in their empowerment, she said, urging them to remove structural barriers to gender equality. Moreover, as the social media business model is responsible for gendered and general disinformation, States must demand that platforms conduct due diligence in line with the UN Guiding Principles on Business and Human Rights.
Expressing similar concerns about woman human rights defenders, Mary Lawlor, Special Rapporteur on the situation of human rights defenders, also presented her report to the Committee. She noted that, while women are instrumental in conflict — from documenting rights violations to the pursuit of justice — they are often prevented from participating in public life during it. Women human rights defenders in Libya have been effectively forced out of the public sphere due to online and offline attacks against them, she said, adding that the same is happening in Afghanistan. “I am tired of making recommendations in my reports, which are usually ignored by States, on how to protect them,” she said, calling on States to condemn attacks on women human rights defenders, celebrate their work and stop using language that stigmatizes, abuses, disparages or discriminates against them.
Interactive Dialogues — Promotion and Protection of Human Rights
In the morning the Committee took up its work on the promotion and protection of human rights with interactive dialogues featuring presentations by Ilze Brands Kehris, Assistant Secretary-General for Human Rights; Khaled Khiari, Assistant Secretary-General for the Middle East, Asia and the Pacific; Lara Blanco Rothe, Deputy Director of the Sustainable Development Unit in the Executive Office of the Secretary-General; Claude Heller, Chair of the Committee Against Torture; Suzanne Jabbour, Chair of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; and Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment.
ILZE BRANDS KEHRIS, Assistant Secretary-General for Human Rights, introduced 23 reports of the Secretary-General and the High Commissioner for Human Rights on the promotion and protection of human rights. Among others, the Secretary-General's report titled “United Nations Voluntary Fund for Victims of Torture” (A/78/263) emphasizes the mechanism’s fundamental role in the right of redress for victims of torture. In 2022, it awarded 190 grants reaching over 53,000 survivors and their families in 92 countries. The report also voices concern over shrinking civic space and the intersection of victims of torture and persons with disabilities. The report “Cooperation with the United Nations, its representatives and mechanisms in the field of human rights”, issued as a note by the Secretariat (A/78/136), states that reprisals for such cooperation have increased in number and severity in all regions, she stressed. The report outlines concerns for increased censorship, including self-censorship, as well as surveillance both on and offline, in addition to punishment for cooperation with the UN.
The report titled “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 through transformative change for racial justice and equality”, issued as a note by the Secretariat (A/78/166), focuses on the right to participate in public affairs, examining the challenges to and measures needed to take part in public affairs. It also includes updates on deaths following interactions with police in several countries. Another report titled “Protection of migrants”(A/78/203) notes that migration can have positive effects on societies if migrants are placed at the centre of policies regarding them and calls on States to redouble their efforts in this regard. The report of the Secretary-General on “Combating intolerance, negative stereotyping, stigmatization, discrimination, incitement to violence and violence against persons, based on religion or belief” (A/78/241) highlights that hate speech both on and offline continues to stoke violence affecting those in religious communities and emphasizes the role that religious leaders can play in its prevention.
Moving on to country-specific reports, the Secretary-General's report titled “Situation of human rights in the temporarily occupied Autonomous Republic of Crimea and the city of Sevastopol, Ukraine” (A/78/340) notes the deteriorating situation in the region due to the invasion and temporary control by the Russian Federation, reaffirming Ukraine’s territorial integrity and urges the Russian Federation to adhere to its obligations under international law. The Secretary-General's report on “Situation of human rights in the Islamic Republic of Iran”, (A/78/511), an update on the situation in Iran since the death of Jina Mahsa Amini, highlights weak avenues of redress for those affected by violations against those involved in protests. The report gives focus to the situation of women and girls, noting a harsher State enforcement of compulsory veiling and punishment for non-compliance as well as the alarming use of the death penalty.
When the floor opened for questions and comments, the representative of the European Union, in its capacity as observer, expressed concern at reprisals and intimidation with the aim or effect of deterring or hindering cooperation with the United Nations. Aligning with that comment, the representative for Ireland asked what more States can do to support a safe and enabling environment for civil society actors reporting acts of reprisal or intimidation.
The representative for Japan recognized that the root causes of conflicts often lie in human rights violations and asked how Ms. Brands Kehris envisioned the creation of a compelling global narrative on such issues, and how the goals of the New York Office of the High Commissioner on Human Rights (OHCHR) could play to this end.
The United Kingdom’s delegate asked how monitoring mechanisms for appraisals could be improved to better facilitate justice and accountability.
The delegates for Iran and the Democratic People's Republic of Korea rejected Ms. Brands Kehris’ report. The former’s representative said it set out to discredit achievements realized in Iran in the legislative and executive spheres, while the latter’s delegate called it a product of hostility and double standards against his country, as well as a grave infringement upon its sovereignty.
The delegate for Ukraine said the report provides yet another credible testament to the profoundly detrimental consequences of the Russian Federation’s full-scale invasion of Ukraine on the situation of human rights within the temporarily occupied Ukrainian territories.
Emphasizing that civil society is under attack globally through intimidation and reprisals, the representative of the United States, expressed grave concern at the situation civil society faces in Belarus, the People’s Republic of China, the Russian Federation, Cuba and Nicaragua, among others.
The representatives for Cuba and China took issue with mentions about their the countries by the United States’ delegate. The former said the United States has given false and distorted information about its reality to justify the policy of hostility towards it, while the latter said the United States smeared it and other developing countries.
The delegate for Egypt asked for more details on how to address the rising trends of incitement against people based on religion or belief and hate speech or similar acts.
Ms. Brands Kehris responded by saying the report is based on a strict methodology. All allegations that are provided to her office are subject to very careful work to follow up and verify cases. The allegations it contains are only the tip of the iceberg.
With respect to questions raised about the factual bases of allegations — in apparent reference to remarks by the representatives of Iran and the Democratic People's Republic of Korea — she said the best way to engage and make sure that the objective facts can be agreed on is to allow both humanitarian and human rights access.
On the issue of reprisals against human rights defenders, she said her office is gathering good practices from Member States. In terms of concrete steps to respond to reprisals against human rights defenders, she highlighted the importance of awareness raising and zero tolerance for abuse.
She emphasized that women and other vulnerable groups are disproportionately exposed to the effects of conflict. She highlighted the need to address the related issue of gender violence against women and girls, and the need to create a safe and participatory environment for them.
Elections and the Promotion of Democratization
KHALED KHIARI, Assistant Secretary-General for Political and Peacebuilding Affairs, presented the report titled “Strengthening the role of the United Nations in enhancing periodic and genuine elections and the promotion of democratization” (A/78/260), which discusses developments in the field of elections and United Nations electoral assistance to Member States over the last two years. During this period, the United Nations has provided electoral assistance to more than 60 States and territories, mostly in the form of technical assistance to promote inclusive electoral processes, especially the participation of women, he said, adding that such assistance is provided with full respect for national sovereignty, in recognition of the fact that there is no single model of democracy. Beyond the United Nations, there has been strengthened electoral partnerships with regional and subregional organizations, he said, pointing out that work with partner organizations further contributes to South-South and triangular cooperation.
He cited as an example support of the Arab Organization of Electoral Management Bodies in establishing the Arab Network for Youth in Elections, a network that connects youth organizations and shares good practices regarding the participation of young people in politics. Another example, he said, is work with the Democracy and Electoral Assistance Unit of the Department of Political Affairs, Peace and Security of the African Union Commission to further technical assistance to Member States of the African Union. Additionally, he said, there has been co-organized trainings and seminars on electoral practices with the East African Community, the International Conference on the Great Lakes Region, the League of Arab States, the Organisation of Islamic Cooperation and the Southern African Development Community.
However, he pointed out that successful elections involve more than implementing the letter of the law. They also entail following the spirit and values of a genuine electoral process. During the period covered by the report, there was concern that certain elections might not have adequately safeguarded the principles that underpin elections, he said, adding that such instances serve as reminders that elections and their institutional foundations require continuous investment by Member States. The report reaffirms the importance of responsible political leadership, especially when a competitor is faced with an electoral loss, he said, adding that the commitment to a code of conduct is an effective contribution to the integrity of an electoral process. Misinformation and disinformation remain a serious concern, he said, with different views about how best to address the problem while protecting freedom of expression. In conclusion, he addressed women’s political participation and representation, saying that progress remains insufficient with women still comprising only 26.7 per cent of parliamentarians worldwide and at the local level just 35.5 per cent of lawmakers. The main obstacle to progress is a lack of political will and continued discriminatory attitudes and practices, he said, stressing the importance of repealing discriminatory laws, removing structural barriers and addressing violence against women.
Disabilities Inclusion
LARA BLANCO ROTHE, Deputy Director of the Sustainable Development Unit, Executive Office of the Secretary-General, presented the report titled “Disability inclusion in the United Nations system” (A/78/281). The report measured achievements since the launch of the United Nations Disability Inclusion Strategy in 2019 with the intention of achieving lasting change across all pillars of the Organization. It was based on the conviction that the United Nations must lead by example. She recalled that, as in previous years, progress was measured according to indicators organized by four core areas: leadership, strategic planning, inclusiveness, programming and organizational culture.
In terms of progress this year, more entities are reporting, she said, adding that 77 entities reported compared to 73 last year. Also, in positive news, entities report meeting or exceeding criteria in 34 per cent of indicators. Meanwhile, 90 per cent of country teams say they are integrating the topic of disability inclusion in their common country analysis. Some 43 per cent are including these considerations in cooperation frameworks. The Executive Office, through the disability team, continues to work on training, with the aim of increasing those numbers.
Among other trends, she noted that this year’s reporting highlights how the strategy supports increasing intersectionality within existing commitments and mechanisms. However, despite the progress, bottlenecks in operational areas, such as accessibility, reasonable accommodation and procurement, need another approach, mostly through collective mechanisms that deal with broader guidance on this topic. Good results have already been achieved using this kind of approach. Entities report, for example, solid advances in terms of evaluation, as a result of specific guidance on how to include disability considerations in evaluations and reporting.
In terms of recommendations and follow-up, she noted that it was previously mentioned here, that these include engagement of persons with disabilities across all levels, but specifically, civil society organizations, associations of persons with disabilities, in partnership with the United Nations and Country teams. These lead to positive synergies across all areas measured by the indicators. Some regions are doing better than others, she said, noting a proposal to increase training in those regions where more work needs to be done. She concluded with an appeal to Member States to continue to support the work of disability inclusion.
In the ensuing interactive dialogue, delegates welcomed the positive steps taken through the implementation of the UN Disability Inclusion Strategy, with the observer for the European Union underscoring that persons with disabilities have the right to participate in all areas of life. While substantial progress has been made in recent years, barriers still remain, she cautioned, adding that the European Union places great importance on the topic of inclusion, participation and accessibility, especially vis-à-vis gender-based violence affecting women and girls with disabilities. She asked what the United Nations is currently doing to increase awareness through initiatives concerning persons with disabilities.
Poland’s delegate, associating with the European Union, recognized the significance of the UN Disability Inclusion Strategy, both politically and financially, and expressed hope that “accessibility and inclusion becomes a reality for all”.
Adding to that, New Zealand’s delegate strongly supported the continued progress on the UN strategy and the system-wide efforts being taken to advance disability inclusion.
Ms. BLANCO ROTHE responded that numerous instruments are being used for data collection and that several partnerships are being fostered through which data is being collected. Highlighting gradual but steady progress, she stressed the need to redouble efforts, implement a more collective approach to tackle the structural challenges, and ensure “the kind of disability inclusion that we wish for”.
Committee Against Torture
CLAUDE HELLER, Chair of the Committee Against Torture, presenting the Committee’s report (document A/78/44), highlighted numerous constructive dialogues with States. He stressed, however, that the authorities of Nicaragua did not send a delegation to the Committee’s seventy‑fourth session in July 2022 and that its Ministry of Foreign Affairs questioned its legitimacy and integrity, as well as that of the Office of the United Nations High Commissioner for Human Rights. The Committee proceeded to review the periodic reports of Nicaragua in the absence of its delegation. The refusal of that Government to cooperate with the Committee gave rise to the established procedure under paragraph 4 of article 16 of the Convention Against Torture’s Optional Protocol to draw on the report of the Subcommittee on Prevention of Torture on its visit to Nicaragua in 2014, as well as the publication of a joint statement from November 2022.
In terms of States’ obligations, he said the Committee regrets the fact that some did not comply with their obligation regarding reports. He noted delays in the presentation of the initial report of 29 States and in the periodic reports for another 51. In order to facilitate the reports’ presentation, the Committee has offered to States the possibility of presenting periodic reports under a simplified procedure. That means they answer a list of questions prior to the presentation of the reports. Additionally, the postponement forced by the COVID‑19 pandemic has meant that 54 initial and periodic reports are awaiting review. However, the Committee and its secretary lack sufficient resources to tackle this workload increase, as its volume of work overall remains considerable.
He said the Committee is concerned by the acts of intimidation and reprisals against individuals or groups that try to cooperate, or have cooperated with it, within the framework of the Convention Against Torture. He welcomed the efforts made with respect to the Convention’s initiative, as well as the close cooperation and coordination that the Committee has with other United Nations human rights bodies, as well as civil society. As for strengthening the system, he said reforms of the treaty body network are urgently needed, as it continues to facean increasing workload and backlogs. The backlog has not received the required financial, technical and human resources support from the Secretariat. He asked the Office of the United Nations High Commissioner for Human Rights (OHCHR) to develop an implementation plan for its 2022 conclusions.
In the ensuing interactive dialogue, several speakers underscored their country’s progress in criminalizing torture and ensuring, in their Constitutions and law enforcement mechanisms, that the cruel, inhumane and degrading treatment of people is stamped out.
The representative of Mexico asked about best practices identified by the Committee to prevent cases of torture for people who find themselves in situations of a particular vulnerability, whether it be for their migratory status, gender, or belonging to national, ethnic, religious or linguistic minorities. He asked: What measures can States take to identify risks for protected groups who are in situations of greater vulnerability?
Several speakers, including the representative of the European Union, speaking in its capacity as observer, noted the Committee work backlog, underscoring that about 196 complaints were still pending as of May 2023. In this regard, he asked the Committee’s Chair to elaborate on reasons for this and indicate what measures are necessary to accelerate the process
The representative of the Russian Federation said that the United States continues at “Guantanamo jail” to commit torture and cruel treatment with regard to prisoners. Expressing concern about the situation in Ukraine, he said several activists in that country, who disagree with an “anti-Russian ultra nationalist” policy have been jailed and are subjected to torture. He urged the Committee to pay attention to this.
The representative of the United States noted that his Government facilitated the visit of UN officials to Guantanamo Bay and extends its invitation to other Organization officials. He asked what additional policy steps Governments can take to curb assistance to actors that are widely known to participate in torture.
The representative of the Dominican Republic reiterated the commitment of his Government to continue to cooperate with the Chair and the Committee. He asked about current challenges as well as emerging ones facing the Committee.
Mr. HELLER said that, with respect to its working methods, the Committee has adopted the practice of inviting third parties when there is substantive consideration of an item, which could be controversial. Turning to some best practices to prevent torture and protect especially vulnerable people, he said that the adoption of administrative, judicial, and legislative measures must pave the way forward. Agreeing with several delegations, he noted that the Committee is indeed small. “There are only 10 of us in order to try to deal with 173 States parties,” he said.
Moreover, Mr. HELLER noted that “it is not enough to go as far as ratification”. Ratification is not the end of a process. It's the first step to implement the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and its challenges. Turning to the most appropriate measures to stop torture, he noted the critical work of internal vigilance mechanisms and commitments that Member States make. For instance, a national mechanism dedicated to preventing torture welcomes the greater participation of specialized organizations.
SUZANNE JABBOUR, Chair of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, presented the Sixteenth annual report of the Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (document CAT/C/76/2). Reflecting on last year, she said it is important to consider the 16‑year journey which has contributed to the ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment by 93 countries, with Slovakia being the most recent State to become a party to the Protocol in 2023. The Subcommittee on Prevention of Torture has continued to engage in dialogue with Member States and signatories concerning the designation or functioning of their national preventive mechanisms, resulting in more than 70 mechanisms now actively contributing to the prevention of torture. The path to universal ratification is challenging, and can be overcome only through the collective commitment and political will of States to fulfill the global duty of torture prevention.
She said that Member States’ active participation in peer-to-peer engagement is a system of mutual support and encouragement that serves as a potent catalyst, inspiring States to take the necessary steps towards ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment and establishing national preventive mechanisms. Treaty bodies should facilitate countries' endorsement of other relevant treaties during their examinations to establish a reinforcing pattern that ensures that States are actively working together to fulfill their human rights obligations. Among the most important recent developments has been the Subcommittee on Prevention of Torture’s first draft of a general comment on Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s article 4 aimed at clarifying what constitutes places of deprivation of liberty, and enhancing our understanding of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s implications. This process involves diverse stakeholders and allows them to engage directly in setting a framework for their own work, she said, adding that once the general comment is adopted, States will be encouraged to refer to it to ensure comprehensive access for any monitoring body.
Furthermore, in 2022, the Subcommittee on Prevention of Torture held high-level talks in Brazil and visits to Tunisia, Argentina, Lebanon, Türkiye, Ecuador, Australia and Bosnia and Herzegovina, and conducted interviews with more than 2,300 individuals, predominantly detainees. It also interviewed officials, law enforcement personnel and medical staff, she said, adding that all provided invaluable insights into various pressing issues, including challenges related to migration detention, corruption and self-governance within detention facilities, as well as restrictions on access to certain locations, and limitations in obtaining essential information. She urged Member States to support national preventive mechanisms in removing impediments to independence and enabling the Subcommittee on Prevention of Torture’s counterparts on the ground to effectively oversee places of deprivation of liberty. She invited States to promote awareness about the fund’s significance.
In the ensuing interactive dialogue, the observer for the European Union said that the work of the Subcommittee is imperative to the prevention of torture, noting that the addition of two countries ratifying the Optional Protocol to the Convention Against Torture has increased dialogue with States. In the report, the Subcommittee highlights the need to strengthen its relationship with States and national prevention mechanisms which are crucial to the implementation of the Optional Protocol, he said, asking how to strengthen relationships with the mechanisms and what the main challenges affecting these fundamental actors are.
The observer for the Sovereign Order of Malta said the Sovereign Order of Malta is dedicated to lending its support to all Special Rapporteurs in the prevention of torture. The Rome Statute of the International Criminal Court and the Geneva Convention establish torture as a war crime, yet Amnesty International has reported torture in three-quarters of States this past year, he said. He asked what difficulties monitoring mechanisms of torture face in places of detention.
In response, Ms. JABBOUR said that collaboration and dialogue is required for the Subcommittee’s work. Europe is a good example, she added, as the European Committee for the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, within the bloc, conducts its own visits and cooperates with UN organs. Much research is involved before State visits, including consulting other bodies, local organizations and mechanisms, always abiding by the principle of confidentiality. While the Subcommittee can conduct visits every five to 10 years, country-specific mechanisms can conduct many more. Some countries have specific challenges, of course, but dialogue is the main tool the Subcommittee uses to address the prevention of torture with States. Dialogue with local mechanisms for the prevention of torture is vital in this regard,, as the Subcommittee can engage with them daily and provide them with support. Unfortunately, monitoring instances of torture is difficult in places of detention.
Torture and Other Cruel, Inhuman or Degrading Treatment
ALICE JILL EDWARDS Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, presenting her second report to the General Assembly, started with positive news: At least 108 countries have criminalized torture as an offence, including Thailand and Pakistan in the past year. Equatorial Guinea, Ghana and Zambia became the latest countries to abolish the death penalty, while Malaysia has reduced its application. A growing number of countries have opened torture proceedings against perpetrators this year, some for the first time and new compensation laws were adopted in North Macedonia and Uzbekistan. But despite these signs of progress, the past year has been bleak, with a spike in allegations of torture, particularly war-related torture. She said her inquiry into the Russian Federation setting out credible allegations of torture by their military forces in Ukraine has gone unanswered. Her recent country visit to Ukraine found that the pattern suggests torture is Russian State policy.
Torture and other cruel treatment have also been observed in conflicts in Haiti, Mali, Myanmar, Sudan and Yemen, she said. The prevalence of allegations of sexual torture is of particular concern. She called on all State and non-State actors to direct their soldiers to conform to international norms and to investigate allegations promptly. She said she was shaken by the mass murder and kidnappings of civilians by Hamas in Israel. She called on all State and non-State actors at war to direct their soldiers to conform to international norms, investigate allegations promptly and “please give peace a chance”. On the theme of women and girls, she said their extreme exclusion from public life in Afghanistan constitutes unlawful suffering in violation of the prohibition of torture. Meanwhile, violence against protesters in Iran fighting for women’s freedoms marks an annual high-water mark of police heavy-handedness. She said “the rise in torture and intimidation to quash political opposition and dissent cannot be ignored”. She raised allegations about harassment of opposition politicians and human rights defenders in countries including Belarus, Türkiye and the Russian Federation, and documented dangerous clashes between civilians and police in at least 12 countries, including deaths. China has not fully responded to allegations of torture and ill-treatment against Uyghurs in Xinjiang.
While her central call in 2022 was for leadership from all States to speak out loudly against torture and act, she presented a tangible proposal for working towards this, she said There is currently no international agreement governing the trade in items intended — or being misused — for torture or other cruel, inhuman or degrading treatment or punishment. In practice, this means that State and private companies are free to develop and sell items that inflict unnecessary or excessive pain. “They are quite literally profiting off human suffering,” she said, noting that the challenge is global. She therefore recommends the development of an international torture-free trade agreement that would complement and reinforce existing obligations. “Category A” prohibited list of items she classified as being inherently cruel, inhuman or degrading, either by design or purpose, which should be removed from production and use immediately. A “Category B” list, includes ordinary law enforcement equipment, as they pose a heightened risk of misuse. According to research, at least 335 companies in at least 54 countries are manufacturing or promoting items such as spiked batons, thumb cuffs and electric shock belts.
When the floor opened for questions and comments, the representative of Israel said Hamas jihadi terrorists have committed horrifying, cruel and inhumane acts against Israeli citizens in recent days. On behalf of all Israeli and foreign citizens who were tortured, including to death, and those whose fate is still unknown, she asked: “What steps do you intend to take in the face of such horrible atrocities, atrocities committed with bare hands, using cooking gas, burning whole families alive in their homes, raping women in their homes, including young girls?”
The United States’ delegate unequivocally condemned the attack on Israel by Hamas terrorists and asked the Special Rapporteur to share more details about her trip to Ukraine. Robust information coming out of Ukraine suggests Russian forces are inflicting systemic, severe and intentional pain and suffering on civilian detainees and prisoners of war, she said, suggesting that these and other violations amount to crimes against humanity.
The representative of Ukraine emphasized the importance of holding the Russian Federation accountable for its crimes against the Ukrainian people. The situation of Ukrainian prisoners of war is a matter of great concern, she said, adding that despite multiple appeals from international human rights organizations, the Russian Federation has not allowed access to them. She requested that the Special Rapporteur study the issue of prisoners of war held by Russia.
The delegate of the Russian Federation categorically rejected the unjustified and unfounded accusations put forward by the Special Rapporteur regarding the situation in Ukraine. Statements made that Russian servicemen commit torture on Ukrainians and that this is a State policy has nothing to with reality, he said, adding that maybe the Special Rapporteur was misled during her visit to Ukraine, given the fake situations and staging by Ukrainians. It is very hard to establish the truth, he said.
Iran’s delegate expressed commitment to promoting and protecting the human rights of all, particularly women. She said Iran prohibits torture and that claims by the Special Rapporteur regarding recent riots in the country contain inappropriate terms and expressions hostile to the Islamic Republic of Iran. Iran has always provided full support to free assembly, including by women, she said.
The representative of Syria suggested that the Special Rapporteur has based her report on inaccurate or unverifiable information, asking: How can we level accusations without any firm information?
The representative of Pakistan said that India is still not a party to the United Nations’ Convention against Torture and that sexual and gender-based violence and grave human rights violations continue to haunt the people of Indian-occupied Kashmir. She asked how human rights mechanisms can end torture in situations of foreign occupation, such as in Jammu and Kashmir.
India’s delegate said that the existing Indian legal framework guarantees adequate protection against torture and that the independent judiciary serves as a bulwark against violation of human rights. She dismissed the frivolous remarks by Pakistan about the territories of Jammu and Kashmir, which are an integral part of India.
The delegate of Myanmar said the military has committed torture and other atrocities for decades, a situation that’s worsened since the coup in 2021. More than 4,100 have been ruthlessly killed, with more than a third killed in detention. The most despairing part is that this is happening with complete impunity, he said, adding: “People have started to feel hopeless as the number of deaths grow.”
The representative of China said the report vilifies China’s domestic policies in the Xinjiang region, a harmonious region where people live in peace. There is no such thing as quote-unquote torture, he said, stressing that security measures in the region are intended to combat terrorism.
The representative of Nicaragua objected to the inclusion of her country in the report in the list of countries where there have been many instances of police violence, stating that there is no such thing in Nicaragua.
Representatives also expressed interest in the Special Rapporteur’s recommendation that an international torture-free trade agreement be developed to complement and reinforce existing obligations.
The representative of Argentina asked how such an agreement can contribute to the prevention of torture and what the most significant challenges to it might be.
The European Union’s delegate, speaking in its capacity as observer, said that the launch of the global Alliance for Torture-Free Trade in 2017, an alliance which now has sixty members, has built upon existing regulations to prevent torture, and asked what future steps might be envisioned in the elaboration of the instrument described by the Special Rapporteur.
Ms. EDWARDS, responding to questions related to the proposal of a torture-free trade instrument, said it will assist States to implement their current obligations, among other things. In terms of challenges to implementation, it is important that businesses are involved in the discussion, she said. In conclusion, she expressed her openness to meet with Member States, including the Russian Federation, China and Nicaragua, to discuss the report, its sources or other questions. “The ball is in your court to show leadership,” she said.
Freedom of Opinion and Expression
In the afternoon, the Committee further elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by: Irene Khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association; and Mary Lawlor, Special Rapporteur on the situation of human rights defenders.
Ms. KHAN, Special Rapporteur on freedom of opinion and expression, recalled her 2021 report to the Third Committee focused on freedom of expression from a gender lens, which found that online violence, disinformation and hate speech are major impediments to achieving gender equality. As a follow-up, her current report focuses on “gendered disinformation”, finding that women, girls and gender non-conforming persons are a major target of disinformation, but that there is little understanding and even less effective action of the problem. Gendered disinformation is particularly dangerous because it spreads lies to harm individuals and also uses well-coordinated campaigns to weaponize and reaffirm gender stereotypes, including misogyny. Its impact is also felt at the societal level through pushbacks against gender equality. The more visible the person, the more likely they are to be targeted, she added, noting that those belonging to minority communities receive the most virulent attacks along racist or transphobic lines.
Often, non-State actors motivated by extremist ideologies or religious convictions organize coordinated online gendered disinformation campaigns, sometimes with the explicit support of States, she added, stressing that inflammatory and misogynistic statements by senior Government officials, politicians and religious and community leaders create a toxic environment that emboldens non-State actors to violence, which can push women and gender non-conforming persons to retreat from public life. Moreover, while legislation must combat gendered disinformation, many “fake news” laws and legislation are limited in addressing entrenched biases and stereotypes. Strategies to fight gendered disinformation must be grounded firmly in international human rights law, she said, noting that measures must not restrict freedom of expression beyond recognized international human rights laws, as they will increase women’s’ suffering. As the goal of gendered disinformation is to disempower women and gender non-conforming persons, States must invest in their empowerment and agency, not in censorship or paternalistic policies, she stressed, urging States to remove structural barriers to gender equality and bridge the gendered digital gap.
Social media companies have a part to play, as the “one-size fits all” approach to moderate content fails to counter problems posed by gendered disinformation, she said. Moreover, platforms must improve content moderation, complaint procedures and apply community standards to their platforms, she stressed, highlighting that the social media business model is responsible for the proliferation of gendered and general disinformation. States must demand that platforms conduct due diligence in line with the UN Guiding Principles on Business and Human Rights. Fighting gendered disinformation while upholding human rights requires a multi-stakeholder approach, she said, noting the importance of negotiating a global digital compact going forward. “There must be no trade-off between women’s right to be safe and their right to speak,” she said.
In the ensuring interactive dialogue, delegates voiced concern over the escalation of gendered disinformation and its far-reaching impact, with the representative of the Netherlands condemning the spread of gendered disinformation and stressing that strategies to fight disinformation - including gendered disinformation - must be firmly grounded in human rights. Too often, censorship is employed under the guise of countering disinformation. She asked the Special Rapporteur how States can empower women and LGBTQ+ persons through literacy training in national school curricula and national development plans in a shorter term.
Adding to that, Sweden’s delegate, speaking on behalf of the Nordic-Baltic Countries, highlighted a worrying trend of increased cases of harassment, intimidation and violence against persons exercising their freedom and expression and emphasized that such actions must be brought to full stop.
In the same vein, Canada’s delegate, underlining that everyone should be able to express themselves without fear of violence, asked how the international community can support efforts to counter the forces of gendered disinformation.
Ireland’s delegate, associating with the European Union, asked about ways to support women in exercising their right to freedom of expression.
Mexico’s delegate emphasized that efforts to achieve gender equality must include digital space, which needs “a feminist revolution”. She asked the Special Rapporteur to elaborate on innovative initiatives to combat gendered disinformation.
The youth delegate of Romania asked the Special Rapporteur how young persons can be better involved in the fight for free, accurate and objective information, and whether the UN has a strategic vision for the protection of all young persons from incitement to hatred, online violence and manipulative information.
For her part, Hungary’s delegate rejected certain claims in the report concerning her country, noting that the protection of persons of the LGBTI community is guaranteed by a law which ensures fundamental rights to every person without discrimination on any ground. A person who incites hatred against a group based on sexual orientation or gender identity is sentenced to a maximum of three years of imprisonment, she added. Considering the above, “do you still believe that the public officials in Hungary commit hate crimes day after day”? she asked.
Turning to the situation in her country, Ukraine’s delegate said that Moscow uses disinformation to justify its February 2022 invasion. Similarly, Poland’s delegate condemned the “cynical attempts by Russian officials to distort facts, justify and whitewash its brutal and illegal war against Ukraine by spreading disinformation and war propaganda”.
The representative of the Russian Federation, meanwhile, pointed to the spread of intolerance in the European Union, especially Islamophobia and Russophobia.
Offering a different perspective, Syria’s delegate stressed that the Special Rapporteur is supposed to help all Member States with her mandate, “not to bring in reports which will expand the already existing gap among us”.
Myanmar’s delegate said the situation for freedom of opinion and expression in his country is in a crisis, following the illegal military coup. The military junta has established a digital dictatorship by imposing restrictions on access to information and internet through internet shutdowns, online censorship and surveillance. Moreover, since the coup, Myanmar military spreads disinformation and propaganda to incite violence as a feature of war. Using State-owned media, it continues to spread misinformation to trigger violence and hatred, he pointed out, adding that Myanmar is one of the world’s biggest jailers of journalists. In the last 32 months, the military has intensified its crackdown on journalists, he said, noting that at least 13 media outlets have been shut down, at least 156 journalists arrested, and numerous journalists killed by the junta.
Ms. KHAN responded that empowerment is how women and other groups whose rights have been trampled have fought back. The way to address disinformation is to disseminate facts; to this end, building the capacity of women’s and other civil society groups is crucial. She also highlighted the importance of digital literacy and women’s access to the internet – in Africa, it is as low as 28 per cent. Despite the fact that laws have a place in the context of disinformation, they do so in a distinct and limited way. “You cannot fight prejudices with law”, she stressed, calling on Governments to respect international law when introducing measures in the area of freedom of expression. Also, State regulation of social media should be “smart, not blunt”; it should not focus on content but on ensuring that companies follow the UN guiding principles on human right. “Rather than think of protecting women, think of empowering them,” she said.
Freedom of Peaceful Assembly and Expression
CLÉMENT NYALETSOSSI VOULE, Special Rapporteur on the rights to freedom of peaceful assembly and of association, presented a report titled “Importance of the rights to freedom of peaceful assembly and of association for building sustainable peace and democratic transitions” (A/78/246) and stressed the importance of remembering to include and listen to the voices of those most affected when addressing conflicts - women, youth, children and other marginalized groups. The rights to freedom of peaceful assembly and association are instrumental to peace and democratic transition, he said, adding that only through the safe exercise of these rights is a meaningful inclusion of all sectors of society facilitated.
He suggested some measures, which Member States and international actors can take in this context, including proactively and publicly promoting the inclusion of civil society and communities in peace-building and political transition processes, and prioritizing the creation of space for broad civil society participation in peace-building and political transition.
Support for national and grass roots peace movements is important to ensure representation, and to ensure their demands are included in the peace and political negotiations, he said. Member States should refrain from suppressing dissent and from imposing legal or other restrictions, including clamping down on civil society and peaceful assemblies, he said, adding that Member States also should refrain from legitimizing oppressive regimes and actors responsible for serious and gross human rights abuses.
Among other concrete measures, he mentioned the provision of technical and financial support to build diverse civil societies to enable their active and meaningful engagement in peace processes, in order to strengthen local efforts and support bottom-up activism and peace and transition engagement. The protection of the rights to freedom of peaceful assembly and of association are essential to achieve priorities set by the Secretary-General in his new agenda for peace, in particular to ensure that peace efforts are people-centered with respect for the full spectre of human rights.
When the floor opened for questions and comments, the representative of the United Kingdom underscored the importance of peaceful assembly and of association in protecting the rights and freedoms of marginalized groups. He asked what States can do to ensure that civic space is not co-opted by those undermining a peaceful transition.
The representative of Pakistan said that tools such as anti-terror laws are imposed on the rights of peaceful assembly and of association under the pretext of maintaining security, particularly in the context of occupation. She asked how the international community can ensure the protection of civil society and human rights defenders in such situations.
The Czech Republic’s delegate was among several speakers who asked how the international community should respond to violations of the freedom of assembly, citing restrictions imposed by the Russian Federation mentioned in the report, as well as those of the Wagner Group, who threatened civic engagement.
The delegate of Belgium, also speaking on behalf of the Netherlands and Luxembourg, asked the Special Rapporteur how his recommendations on protecting the rights of LGBTQI+ and victims’ groups and other marginalized communities could be integrated into the “New Agenda for Peace”, presently being developed.
Meanwhile, the Russian Federation’s representative stated that the right to freedom of assembly should not lead to negative consequences, such as the overthrow of legitimately elected governments with support from abroad, leading them to fall into arbitrary rule, as was the case in Ukraine in 2013. Western countries have double standards; supporting some coups d’état, but not others, he added. On the report’s mention of the Wagner Group and their alleged sowing of fear among civic activists, he said that the Special Rapporteur was “confused about everything”. Those security forces fight terrorism, he said, voicing regret that the report chose not to focus on other private military companies from the United States and the United Kingdom, who are known for their crimes.
In a similar vein, China’s delegate took issue with the double standards of some countries, who condemned some attempted coups, such as the one that took place on Capitol Hill, while appreciating similar incidents when they occurred in developing countries.
The delegate of the United States, voicing concern over repressive actions taken against peaceful protestors in Belarus, following the fraudulent elections in 2020, and against peaceful civic society groups in the Russian Federation, asked what tools the international community had to promote such rights and freedoms in States that showed little interest in protecting them.
Colombia’s delegate underscored the importance of inclusive policies promoting the participation of vulnerable groups, including those who have experienced the ravages of violence, as was the case in her country. She asked about suggestions to promote the participation of marginalized actors to create policies to promote peace.
Mr. VOULE, responding to questions about what the international community can do to strengthen the protection of civil society and vulnerable groups in peace and transition processes, said it is first important to consider them important actors and not as a threat. Unfortunately, during such processes, there is a tendency to reject the participation of groups who have suffered from difficult transitions and conflicts, although they are more familiar with those problems. Therefore, their participation should be prioritized, he said, underscoring the need to invest in women’s groups and victims’ groups.
As well, when regimes in the transition process repress or exclude voices, the international community must rise up and demand their participation, he continued. Citing the case of Sudan, he noted that the peace process went backward when civil society actors were pushed out by belligerents interested in protecting their own power, rather than the peace process. On questions about the “New Agenda for Peace”, he hoped it will adopt a people-centred approach that is supported by all States. On sanctions, he said they must be properly targeted, adding: “When belligerents with an interest in the conflict continuing are allowed safe spaces to put their money, peace will be for another time.” Finally, he objected to the way that Syrian’s delegate addressed his colleague, Ms. Khan, saying: “This form of attack is unacceptable and I do not accept it.”
Situation of Human Rights Defenders
MARY LAWLOR, Special Rapporteur on the situation of human rights defenders, presenting her report (document A/78/131), said that success is more likely when women are meaningfully involved in peace negotiations. She detailed the impressive variety of work done by women human rights defenders in conflict situations, and how that contributes to building just and peaceful societies. Many are active at the start of a crisis, before it becomes a conflict, helping people to reach safety or to find what they need to stay alive. “They are present throughout the darkest days, holding communities together, responding to the collective trauma of unspeakable horrors visited upon civilian populations.” Some of them are documenting and monitoring violations against women and others pursue justice and accountability, elements essential to any transitional justice process, she said.
The value of this was demonstrated in Iraq, where women human rights defenders collected evidence of the crimes carried out by Da’esh [Islamic State in Iraq and the Levant (ISIL), also known as Daesh] against the Yazidi community, she continued. Their persistent advocacy led to the Yazidi Female Survivors Law in Iraq in 2021 recognising Da’esh’s attacks against Yazidis as genocide and crimes against humanity and providing for reparations and rehabilitation for survivors. Noting that women and LGBTI persons are often prevented from participating in public life during conflict, she said that women human rights defenders in Libya have been effectively forced out of the public sphere due to online and offline attacks against them, including threats, sexual assault, abduction and murder, as well as gendered smear campaigns designed to ostracise them. The same is happening in Afghanistan, where women persist in confronting the gender apartheid imposed by the Taliban.
Women human rights defenders provide services to the most vulnerable, she said, highlighting the dangers they face. Razan Zaitouneh, who founded a centre to document human rights violations in Syria in 2011, remains missing 10 years later. Before her abduction, she had said: “Not even 100,000 deaths, a harsh siege or the betrayal of the international community can ever defeat the will of a people who has a dream and faith in the future.” Too often and in too many places, States are failing in their obligations to protect these women human rights defenders, she observed, highlighting “the extraordinary risks” they are forced to take, and how they are often targeted because of their work and identity. Many face multiple and overlapping dangers. “I am tired of making recommendations in my reports which are usually ignored by States on how to protect them,” she said, calling on States to condemn, frequently and publicly, attacks on women human rights defenders and celebrate their work; to commit to opening prompt, efficient, transparent and independent investigations into attacks on women human rights defenders; and to stop using language that stigmatizes, abuses, disparages or discriminates against them.
In the ensuing interactive dialogue, the delegate for Poland said States owe women human rights defenders safety and protection from abuse, intimidation and harassment, asking Ms. Lawlor to elaborate on how that should be done.
The representative for France said women are “an engine of movements for freedom,” and asked Ms. Lawlor what measures can be taken to promote their participation in peace processes.
Speaking of the role of feminist support networks, the delegate for Slovenia asked if Ms. Lawlor could share her views on cooperation or exchange of experience and best practices between such networks across borders. On a similar topic, the delegate for Oman asked how States can enhance international cooperation, including on fighting hate speech.
The representative of Myanmar said human rights defenders in his country confronted arrest, torture, detention, harassment and threats to life by the military. On a similar note, the representative for Bangladesh said women are particularly vulnerable to sexual violence during armed conflicts, while the Yemen delegate said human rights defenders faced kidnapping and detention. The delegate for Spain, meanwhile, asked how States can support the work of young defenders and girls in conflict and post-conflict situations as well as guarantee their access to dialogue processes.
The observer for the European Union, asked how States can better support women human rights defenders working in rural and remote locations who may not have access to established support networks. The delegates for Canada and Ireland, aligning with the European Union, asked what concrete steps States can take to mitigate risks of reprisal faced by women human rights defenders.
The delegate for Switzerland noted the underreporting of attacks on women human rights defenders, and asked Ms. Lawlor to share best practices of States to achieve better reporting on these crimes.
The representative for Israel asked Ms. Lawlor if she had seen what happened last weekend. Any claims that she referred against Israel, she said, should be directed at the terrorist organization Hamas, which controls the Gaza Strip and is holding over 150 Israelis hostage as human shields.
Emphasizing its commitment to ending the country’s armed conflict, Colombia said it has strengthened a programme to protect women human rights defenders and has as a main objective ending the killings of Indigenous leaders and community leaders.
In her response, Ms. Lawlor said that, while States do good, they also do bad, failing to focus on human rights principles and international standards. In response to questions asking how to find ways to protect women human rights defenders, she said it is Member States themselves who have that responsibility.
Turning to shortcomings of States, she said defenders of refugees, migrants and asylum seekers are being criminalized in Poland, while human rights defenders in the United Arab Emirates are serving long prison sentences and women activists are jailed in Iran. Referring to the Israeli-Palestinian conflict, she condemned Hamas, but stressed that collective punishment cannot be visited on a civilian population, in reference to Gaza.
In response to questions by France about how to increase the participation of women rights defenders, she urged States to support and stand in solidarity with them. She said they have been forced to develop networks to protect themselves, because they cannot rely on States. In response to questions about reprisals, she underscored the need for a security plan for women defenders who come to the UN to speak. She said she has made a huge effort to reach remote and marginalized human rights defenders, citing working with rights defenders in the Amazon and Kenya. She urged support for them online as one avenue.
Some youth activists are also in danger and need protection, she said. They need visibility, access and participation, as well as to be taken seriously, not only by States but by non-governmental organizations they work for.