Third Committee Underscores Need to Tackle Barriers Hampering Disabled Persons, Reverse Their Setbacks Due to Armed Conflicts, Include in Peacebuilding
Committee Also Stresses Importance of Mental, Physical Health for All, Protecting Minority Rights
Ensuring greater participation of people with disabilities and tackling inequities in food and nutrition were among concerns addressed in briefings to the Third Committee (Social, Humanitarian and Cultural) today, as delegates also engaged in interactive dialogues on the freedom of religious belief, the rights of minorities and the protection against discrimination based on sexual orientation and gender identity.
Briefing the Committee in the morning, Gertrude Oforiwa Fefoame, Chair of the Committee on the Rights of Persons with Disabilities, said participation of persons with disabilities, through their active involvement, is key to ensuring the world is on the right path to build up inclusive societies and communities. She noted that the High Commissioner for Human Rights, in the framework of the seventy-fifth anniversary of the Universal Declaration of Human Rights and the thirtieth anniversary of the Vienna Declaration and Programme of Action, has launched a ratification campaign of human rights treaties as a step towards achieving that goal.
In the ensuing interactive dialogue, the delegate for China said his country encourages the participation of its 85 million people with disabilities in public life, and attaches importance to their social security, education, employment and access to public services. As a measure of that inclusivity, over 9 million people with disabilities are employed.
Also on inclusion, the delegate for Maldives said her country is seeking to tackle barriers to the full participation of persons with disabilities. Steps include aiming to employ people with disabilities within the civil service.
On a bleaker note, Ukraine and Israel said conflicts have set back progress in their countries for people with disabilities. Ukraine’s delegate noted a deterioration in their lives since the Russian Federation’s invasion, which damaged 1,500 healthcare facilities. Some 2.7 million persons with disabilities in Ukraine are at risk of being left without support, she said.
The delegate for Israel, meanwhile, said many persons with disabilities were among 1,400 people slaughtered by Hamas in its 7 October attack. They included a 12-year-old girl with autism and a 16-year-old girl with cerebral palsy and muscular dystrophy, who attended the Nova Music Festival with her father on a wheelchair.
In another presentation, Gerard Quinn, Special Rapporteur on the rights of persons with disabilities, focusing on armed conflicts, called such hostilities a “scourge”, but noted that they typically lead to a peacebuilding process, which promises a break from the past and an opportunity to address the systematic exclusion of groups such as those with disabilities. Despite this, just 6 per cent of peace treaties in the last 30 years have even referenced disability and usually only from a medical point of view, he said, calling this a “a wasted opportunity”. Against this backdrop, he underlined the importance of reversing this dynamic so that disability becomes an automatic inflection in a peace process. To this end, participation of persons with disabilities in the process must be strengthened and historic injustices properly addressed.
During the ensuing interactive dialogue, the representative of Myanmar said that, while the 2021 military coup reversed all gains for people with disabilities in his country, the National Unity Government spares no efforts to protect those with disabilities in drawing up post-dictatorship policies.
The representative of New Zealand said 16 per cent of impairments worldwide are due to conflict, noting that her country will co-lead with Mexico this year the resolution on the rights of persons with disabilities in situations of risk and in humanitarian emergencies.
In the afternoon, the Committee heard from Fernand De Varennes, Special Rapporteur on minority issues. He warned that the world is a more dangerous and threatening place than it has been for almost a century, largely due to the failure of the United Nations to focus its efforts where they are most needed — preventing conflicts and guaranteeing the equal protection and recognition of the human rights of marginalized minorities in a world of rising nationalism, xenophobia and discrimination. It is time to rectify the “inaction and negligence” and the lagging behind of minorities, concentrating efforts on conflict prevention rather than on conflict resolution, he said.
Also briefing the Committee was Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health, who noted how inequities in food, nutrition and related clinical and health outcomes reflect power asymmetries at every level of society. “Tackling such inequities requires a rights-based approach to food and nutrition, grounded in substantive equality and centred on historically marginalized individuals and communities,” she stressed, adding that Indigenous Peoples, women, children and infants face significantly higher risks of malnutrition and related health outcomes.
In the ensuing interactive dialogue, South Africa’s delegate emphasized that, while food security and nutrition must be realized to achieve the right to health, developing countries are disproportionately impacted by rising prices of food. Egypt’s delegate noted that the global financial system continues to be unfair to developing countries, particularly those in Africa.
In a similar vein, Cuba’s delegate said that, while every individual has the right to enjoy the highest level of physical and mental health in his country, the unilateral coercive measures imposed on the country are impacting the enjoyment of these rights.
Syria’s delegate, noting that healthier products are being pushed to richer countries, stressed the need to address the root causes of inequality between developed and developing countries.
Rights of Persons with Disabilities
In the morning, the Committee further elaborated on the theme promotion and protection of human rights, with interactive dialogues featuring presentations by: Gertrude Oforiwa Fefoame, Chair of the Committee on the Rights of Persons with Disabilities; Gerard Quinn, Special Rapporteur on the rights of persons with disabilities; and Nazila Ghanea, Special Rapporteur on freedom of religion or belief.
Ms. FEFOAME said participation of persons with disabilities, through their active involvement, is key to ensure the world is on the right path to build up inclusive societies and communities. She noted that the High Commissioner for Human Rights, in the framework of the seventy-fifth anniversary of the Universal Declaration of Human Rights and the thirtieth anniversary of the Vienna Declaration and Programme of Action, has launched a ratification campaign of human rights treaties.
All States parties are obliged to submit regular reports to the Committee on how their obligations are being implemented under the Convention on the Rights of Persons with Disabilities. At the end of September 2023, 43 initial reports were waiting to be considered, as well as 29 periodic reports. In total, 72 reports were pending, which is one of the largest backlogs across treaty bodies, and at current rates will take five years to address. She expressed concern that the time an initial report is submitted until it is considered in public constructive dialogue by the Committee takes an average of six years. The relevant question remains as to what extent efforts made at the national level to report to the Committee, especially for small island States and least developed States, are acknowledged by the international community and honoured by ensuring that the Committee can fully discharge its work under the Convention. During the biennium 2021 to 2022, the Committee focus of activities was the consideration of initial and periodic reports. In 2021, during the COVID-19 pandemic, it was able to review only three States reports, mainly due to accessibility challenges and restrictions in the use of online platforms. In 2022, the Committee resumed in-presence sessions and was able to consider 14 reports. Similarly, in 2023, it considered 14 reports of States parties. While there is a wish to do more, the resources in the Secretariat of the Committee to support its work are limited. In 2024, the Committee plans to consider 16 States reports, but again this target will depend on resources.
The number of overdue initial reports is increasing. As of 30 September 2023, the reports of 21 States were overdue for more than five years, and amongst them, nine initial reports were overdue for more than 10 years. According to the Convention: “If a State Party is significantly overdue in the submission of a report, the Committee may notify the State Party concerned of the need to examine the implementation of the present Convention in that State Party, on the basis of reliable information available to the Committee, if the relevant report is not submitted within three months following the notification.” The Committee has not so far implemented this provision but is considering implementing it regarding initial reports overdue for more than 10 years.
When the floor opened for comments and questions, the representative of the European Union, in its capacity as observer, asked what States and UN agencies can do to improve the inclusion of persons with disabilities and their representative organizations in decision-making processes.
The representative of El Salvador asked how States can ensure that the specific needs of persons with disabilities are addressed in States’ responses to health emergencies — those caused by climate change and other types of disasters.
The representative of the Russian Federation said accusations against his country, voiced during the Committee's general discussion on persons with disabilities in emergency situations, were unfounded. By allowing such statements, the Committee undermines its reputation and throws into doubt its neutrality.
The representative for Malaysia said the COVID‑19 pandemic has had a significant impact on persons with disabilities and asked what steps States should take to ensure that persons with disabilities are not left behind in pandemic response and recovery plans.
The delegate for Maldives asked what strategies would be most effective in accelerating progress towards greater inclusivity in realizing the rights of persons with disabilities.
The delegate for Ukraine said the situation of disabled people in her country has deteriorated since the Russian Federation’s invasion. Some 1,500 healthcare facilities have been damaged and numerous healthcare workers killed, leaving some 2.7 million persons with disabilities there at risk of being left with no access and support for daily living. She said Ukraine is considering how to ensure disability inclusion in all its plans and asked how help for the country can be ensured.
The delegate for Belarus said more attention should be given to the continuing discrimination against athletes with disabilities.
The representative for China said his country has 85 million persons with disabilities, noting that the Government pursues a people-centered development paradigm that respects and safeguards the rights and interests of persons with disabilities, encouraging them to participate in public life.
The representative of Israel expressed disappointment that the statement issued on 20 October by the Committee on the Rights of Persons with Disabilities concerning the situation in Israel and Gaza fails to clearly and unequivocally condemn Hamas for the atrocities it committed. Hamas slaughtered 1,400 Israelis, including many persons with disabilities, she said.
The delegate for Bangladesh asked how the Committee is engaging with Member States on the effective incorporation of disability perspectives in implementation and monitoring of the 2030 Agenda for Sustainable Development.
In her response, Ms. FEFOAME said that, across all levels of decision-making, it is important to ensure that the diversity of persons with disabilities is noted.
As for how to ensure the specific needs of people with disabilities, she noted an approach in which they are consulted about their needs. Further, budgets, programmes and policies are prepared with their involvement right from the planning stage through to evaluation.
With respect to the Russian Federation’s comment, she said the Committee works within its mandate and uses the procedures and guidance of the human rights treaty bodies.
Regarding the situation of people with disabilities in the context of the conflict in Ukraine, she said the Committee is working with international organizations and others in conflict resolution to address related issues.
The Sustainable Development Goals (SDGs) and human rights are two sides of the same coin, she noted. The Committee has been instrumental in guiding the process with respect to the SDGs and is in discussion with entities involved so that it can contribute better.
With respect to making documentation accessible to people with disabilities, she said the human rights treaty bodies are already beginning to look at the digitalization of processes.
Rights of Persons with Disabilities in Peacebuilding
Mr. QUINN, presenting his report on “Rights of persons with disabilities” (document A/78/174) stressed the need to connect debates about disability rights to broader challenges facing the international community. One of those is the scourge of armed conflict. Highlighting a highly constructive partnership with the International Committee of the Red Cross (ICRC), he put forward recommendations to better align the core principles of international humanitarian law with the Convention on the Rights of Persons with Disabilities. However, it is time to take the process a step further, he said, adding that “all conflicts must end”. They typically lead to a peacebuilding process which promises a break from the past and address conditions that fuelled the conflict in the first place. This way, systemic exclusion can be addressed, he said, calling for genuine inclusion of groups that have been traditionally excluded, such as those with disabilities. Such inclusion is valuable as “a good in itself” since it allows voices that have been neglected in the past to be heard. Persons with disabilities know how to transcend traditional boundaries to reach common ground, he said, adding that any process that excludes them runs the risk of non-sustainability.
However, only 6 per cent of peace treaties in the last 30 years have even referenced disability and usually only from a medical point of view, he said, calling this a “a wasted opportunity”, not just for persons with disabilities but for the peace process itself. Against this backdrop, he underlined the importance of reversing this dynamic so that disability becomes an automatic inflection in the peace process. To this end, participation of persons with disabilities in the process must be strengthened and historic injustices properly addressed. That way, persons with disabilities can play their part in re-building their own societies. Outlining recommendations, he called on the international community to consider how to build on the historic Security Council resolution 2475 (2019), which specifically references the role of persons with disabilities in reconciliation and peacebuilding.
“Facing the future also means facing the past,” he stressed, noting that ongoing debates about “moral repair” for past historic wrongs and transitional justice have excluded persons with disabilities. His report opens the whole domain of “moral repair” for past historic wrongs and asks the altogether logical question — “why have persons with disabilities been left out of the relevant debates?” These debates concern truth-telling processes, public apologies, memorialization and reparations. His intention “is not to be prescriptive”, he emphasized, but to highlight “the curious fact that persons with disabilities are conspicuously absent from these debates”. He underscored the need to move forward with a much more inclusive peacebuilding architecture.
When the floor opened for questions and comments, delegates sought advice from the Rapporteur on how to streamline rights for persons with disabilities across policy frameworks, while countries in conflict stressed that persons with disabilities suffer most in conflict.
The representative of Lesotho said that participation of persons with disabilities has a transformative effect on how policies are designed. It is essential for Governments to streamline disability throughout Government architecture to embody the principle of “nothing about us without us”, especially in peacebuilding.
The representative of Luxembourg, speaking on behalf of the Benelux countries, said the UN system has recognized the importance of including women in all their diversity in peacebuilding initiatives, yet those who are disabled are not yet included. The intersectional nature of disability must be streamlined, she stressed, asking how this can be done across the Women, Peace and Security and Youth, Peace and Security agendas.
The representative of Myanmar said that persons with disabilities are disproportionately affected during crises, recalling that the 2021 military coup in his country has reversed all progress in this area. The junta’s attacks have resulted in the loss of many lives, he said, adding that the National Unity Government spares no efforts to protect those with disabilities in drawing up post-dictatorship policies. He asked what the Special Rapporteur can recommend to help disabled people of Myanmar.
The representative of New Zealand said that 16 per cent of impairments worldwide are due to conflict, noting that her country will co-lead with Mexico this year the resolution on the rights of persons with disabilities in situations of risk and in humanitarian emergencies . She asked about challenges and opportunities to improve the lives of persons with disabilities in the next 10 years.
The representative of Canada expressed concern over the amount of sexual and gender-based violence women with disabilities face in conflict, asking how States can best use lessons learned from the Women Peace and Security movement in creating a disability-inclusive approach before and after conflict.
The representative of the Dominican Republic said the country has demonstrated its commitment to the Convention on the Rights of Persons with Disabilities through its National Council on Disability. She asked how to ensure more effective participation of persons with disabilities in post-conflict reconstruction processes in places with emerging humanitarian needs.
The representative of Israel said that, on 7 October, Hamas indiscriminately murdered or kidnapped 1,400 Israelis, including persons with disabilities and their caretakers. Persons with disabilities are protected under international law and Hamas bears the responsibility to protect them, he said, calling on the international community to demand their release. Nothing can justify such actions or their consequences. He asked about actions that can be taken to return the hostages, especially those with disabilities, to Israel.
To counter, the representative of Syria said that Israel has a unique skill in creating persons with disabilities. Through just one airstrike, Israel can kill, leave people disabled, then show up to the Third committee and beg for sympathy as a victim. Of course, none of this would have happened without support from a small group of countries engaging in a new pattern of brutality, he said.
The representative of Timor-Leste said that her country has over 38,000 persons with disabilities, comprising 4 per cent of the population, mostly sel-employed and living in rural areas. She asked about ways to identify disabilities in newborns in order to pre-empt treatment.
In his response, Mr. QUINN noted that both article 11 and article 4 of the Convention on the Rights of Persons with Disabilities gives people the right to be involved in all processes that will affect them, which includes post-conflict reconstruction. Highlighting his country visit to Georgia, he recalled how he was touched by the plight of internally displaced persons, although he was unfortunately not allowed into territories occupied by the Russian-Federation. Conflict disproportionately affects persons with disabilities, he said, noting that 16 per cent of all disabilities in countries affected by conflict have been generated by the conflicts themselves. Highlighting the role of veterans' groups, he called for the formation of alliances between groups of veterans with disabilities and those without. Recalling that persons with disabilities were among the first victims in the Holocaust, he said that the T4 memorial in Berlin commemorates those persons. Issues of disability are a focal point for confidence-building measures, he said, recalling that, during the peace process in Northern Ireland, the two parties would come together consistently only on such issues, which worked particularly well in Belfast.
Freedom of Religion or Belief
Ms. GHANEA, the Special Rapporteur on freedom of religion or belief, presenting her report (document A/787/207), said that “a reality check is unfortunately necessary”, as the world is a long way from tangible enjoyment of the right to freedom of thought, conscience, religion or belief. Recent events underscore the need to focus on freedom of religion or belief on the ground, she said, citing a “tsunami” of hate crimes around the globe and the fragile fault lines in neighborhoods that fracture along religious grounds. The targeting of places of worship and persons becomes indiscriminate in times of conflict, irrespective of religion and belief, she said, noting that calls for universal respect must be at the heart of a resilient community.
A rights holder perspective makes clear State obligations to ensure freedom of religion or belief, she continued, highlighting that obstacles can exist from birth if a State’s legal framework does not recognize a religion or worse, denies citizenship on such grounds. This form of discrimination is then omnipresent in rights holders’ lives, from accessing social services and education or even justice, she said. Even when legal frameworks guarantee freedom of religion or belief, widespread prejudice among State functionaries can render it “dead letter”. Worse, discriminating against or “othering” religious or belief minorities can be politically profitable, she said, citing reports her mandate has received about Government officials who engage in direct violence against people, their properties, places of worship and homes. Considering freedom of religion or belief through different lenses can reveal how legal norms apply to people identified with a religion of belief. A gender-justice lens, for example highlights how women are placed at a disadvantage when religious belief is integrated into legal frameworks, affecting marriage, inheritance, child custody or access to worship.
Some positive developments exist however, she said, noting that her mandate has received reports of local authorities engaging with and seeking participation of religious minorities in policy making and urban planning. Further, civil society and faith-based organizations create vital spaces for meaningful intra-faith dialogue, including with secular actors. These spaces will be more effective if they recognize groups who traditionally have been excluded — such as women or marginalized communities within their broader faith. Recalling Human Rights Council resolution 53/1 (2023) and General Assembly resolution 77/318 (2023), she highlighted the urgent need to speak out against hatred and for robust protection against discrimination of religious and belief minorities, ensuring that that police are acting without discrimination. Policies aimed at addressing root causes of hatred are needed all over the world, she said, noting that States can start by increasing capacity-building on the matter for civil servants and establishing a freedom of religion or belief focal point domestically.
In the ensuing discussion, the representative of the United States drew attention to cases of religious discrimination in Tajikistan, Nicaragua and Eritrea. The representative of Cuba protested the inclusion of his country by the United States into the list on freedom of religion and invited the Special Rapporteur to look at the impact of unilateralism on the promotion of freedom of religion. In her turn, the representative of China said that 75 per cent of American Muslims polled believe they are seriously discriminated and that anti-Muslim legislation has endangered the Muslim community.
The representative of the European Union, speaking in its capacity as observer, asked how States can strengthen local authorities so they can better ensure freedom of religion or belief. Aligning herself with the European Union, the representative of the Netherlands asked what States can do to strengthen and revitalize the important and vital Istanbul Process at the local and domestic level to bring about inclusive and positive change for those persecuted for their religion or belief.
In her turn, the representative of Bangladesh expressed concern over atrocities against and the forced displacement of Rohingya Muslims from Myanmar and asked about online platforms increasingly being used to spread hate speech and provocation against religious minorities.
The representative of Israel asked the Special Rapporteur: “When will you break the silence over the growing antisemitism in the world and condemn all hate and speech crimes against the Jewish people? When will you condemn the heinous Hamas for the terror attack committed against Jews based on religion and belief?”
The representative of the Russian Federation asked the Special Rapporteur to pay close attention to the unacceptable situation in Ukraine, where persecution of clergy and parishioners of the Ukrainian Orthodox Church was organized by Kyiv, and in the Western Europe where there is a significant increase in manifestations of xenophobia and religious intolerance. In the same vein, the representative of Saudi Arabia said that repeated burnings of the Qur’an were not mentioned in the report and asked how to deal with these attacks against religion and conviction.
The representative of Pakistan expressed concern over increasing incidents of Islamophobia, particularly the desecration of the holy Qur’an, and the sharp rise of Islamophobic incidents in India, and asked the Special Rapporteur how she can combat this. Later, the representative of India expressed serious concern over the references to her country in the report, as well as dismissed and condemned the frivolous remarks made against her country.
The representative of Iran dismissed allegations made against her country in the report and asked about recommendations regarding hate speech and Islamophobia, including the ban from schools due to Islamic dress code. The representative of Canada asked about emerging challenges for the freedom of belief. The representative of Australia also asked how States can improve alignment across sectors and jurisdictions to ensure freedom of religion or belief is protected at all levels.
In response, Ms. NAZILA GHANEA said States must reckon with the complexity and challenges that sometimes arise in making freedom of religion or belief a tangible right that is enjoyed in the domestic arena. “The signing, the ratification, the rescinding of incompatible reservations to international treaties that protect freedom of religion or belief and their effective domestication in law is a good starting point,” she said, adding that constitutional and legal arrangements must be brought into line with international freedom of religion or belief standards. “This implies extending recognition to all religious or belief traditions in a spirit of equality, even if the dominant theology or makeup of the State does not recognize other religions or beliefs,” she stressed, urging States to refrain from coercing individuals or groups because of their religious or belief identities and from criminalizing traditions, identities and manifestations of religion or belief, including manifestations with others or in public. “The first responders indeed are the State functionaries at the local level,” she said, underscoring that they must be equipped to play a positive role in ensuring freedom of religion or belief for all, including through robust education and ongoing training. “I’ve encouraged States to create an independent focal point for freedom of religion or belief,” she recalled, calling for guidance by international standards.
“This is a mandate that has existed for 37 years, so not everything has to be created from scratch,” she noted, referring to previous reports on antisemitism, anti-Muslim hatred and Islamophobia. “Hatred is indeed on the rise,” she said, adding that she is going to take part in the international conference mentioned by the representative of Morocco. Speaking about the revitalization of the Istanbul Process, she urged States to take seriously the rise of hatred on the basis of religion or belief in their jurisdictions and learn from each other by reporting regularly challenges and good practices. As several delegations are dissatisfied with references in the footnotes of her report regarding their countries, she said those were established in allegation letters and all States are welcome to have a dialogue with her mandate on those issues.
Physical and Mental Health
In the afternoon, the Committee further elaborated on the theme “Promotion and protection of human rights”, with interactive dialogues featuring presentations by: Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Victor Madrigal-Borloz, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; and Fernand De Varennes, Special Rapporteur on minority issues.
Ms. MOFOKENG, presenting her report on “Food, nutrition and the right to health” (document A/78/185), called on the international community to intervene immediately to prevent the escalation of the conflict in Israel and in Gaza. Stating that steps to realize the State of Palestine’s right to self-determination are linked to their dignity and sovereignty, she said: “You cannot extinguish the human desire for freedom”. She noted how inequities in food, nutrition and related clinical and health outcomes reflect power asymmetries at every level of society. “Tackling such inequities requires a rights-based approach to food and nutrition, grounded in substantive equality and centred on historically marginalized individuals and communities,” she stressed, adding that Indigenous Peoples, women, children and infants face significantly higher risks of malnutrition and related health outcomes.
“Ultra-processed products disproportionately targeting children, racial and ethnic minorities and people from socially disadvantaged backgrounds through marketing strategies, have replicated colonial power structures and relations, with traditional diets and food cultures being supplanted by diets largely shaped by corporations headquartered in historically powerful and wealthy countries,” she said. She urged States to establish mandatory front-of-package nutrition labelling as well as good fiscal and food policy. She also underscored that malnutrition manifests itself in various forms, including undernutrition, overweight, obesity and diet-related non-communicable diseases such as cardiovascular disease and cancers.
She emphasized that marginalized groups, including LGBTIQ+ persons, faced heightened challenges to access food aid during the COVID-19 pandemic, which reflected policies that rely on binary definitions of gender or narrow conceptions of family for distributing food, as well as discriminatory service provision. Climate change is also projected to increase the risk of foodborne and waterborne diseases and increasing food insecurity, while competition for natural resources drives instability and conflict, she said. She expressed concern that parties to conflict continue to use food as a weapon of war by controlling food production and distribution and exploiting hunger and poverty. She stressed that her report contains good practices received from Member States and other stakeholders. “The intersection of the right to health and right to food is central to achieving substantive equality and to realizing sustainable development, human rights, lasting peace and security,” she said, adding that food is also a social glue and has always been a special and glorious expression of self and culture as well as societal, economic and political autonomy.
In the ensuing interactive dialogue, delegates — highlighting the correlation between food security and health — underscored that steadfast commitment to the promotion of health and well-being is essential in building a fair, inclusive and sustainable future. In this context, they stressed that States must give sufficient recognition to the right to health and the progressive realization of the right to food, taking measures that prevent third parties, including corporations, from interfering with the enjoyment of human rights.
The representative of the European Union, speaking in its capacity as observer, said that food security remains one of the most pressing global challenges that depends increasingly on volatile geopolitical contexts. Considering that the UN has declared the period 2016 to 2025 a Decade of Action on Nutrition, she asked what further actions can be done to improve legal frameworks so that food and nutrition are recognized as intrinsically related to the human right to health.
The representative of El Salvador, recognizing the link between food, nutrition and the right to health, stressed the importance of guaranteeing the right to food. He agreed with the Special Rapporteur’s report on the role played by legal frameworks which support the capacity to ensure equal opportunities in the area of nutrition. He asked what measures States should take to ensure the right to health.
In the same vein, Cuba’s delegate said public health is a constitutional right in his country, stressing that every individual has the right to enjoy the highest level of physical and mental health. Nevertheless, unilateral coercive measures imposed on his country are impacting the enjoyment of these rights, he said, rejecting this “hostile policy” which violates the UN charter, international law and human rights of all Cubans. He asked about their impact on the right to health.
South Africa’s delegate emphasized that food security and nutrition must be realized to achieve the right to health. However, developing countries are disproportionately impacted by rising prices of food. Highlighting his country’s commitment to the right to health, he detailed national programmes aimed at food security.
Adding to that, Egypt’s delegate, noting the fundamental right to be free from hunger, said the global financial system continues to be unfair to developing countries, in particular African countries. He voiced concern over inequitable access of African countries to medical countermeasures and health technologies.
The representative of the Russian Federation said access to high-quality food plays an important role in ensuring a long lifespan for people. As part of the State’s policy, Moscow is implementing large-scale federal projects aimed at strengthening public health, which are designed to preserve the health of the population.
The representative of Maldives pointed to a plan aimed at achieving food security, recently launched by her Government. Highlighting the link between increased consumption of unhealthy food and beverages and non-communicable diseases, she asked the Special Rapporteur to give good examples of public health polities to address diet-related risks of non-communicable diseases.
Syria’s delegate, noting that healthier products are being pushed to richer countries, stressed the need to address the root causes of inequality between developed and developing countries and asked the Special Rapporteur to elaborate on the concept of “food apartheid”.
Ms. MOFOKENG responded that human rights are interlinked. Consistent starvation, hunger and threat of insecurity can worsen mental health conditions, she said, highlighting in this regard the plight of people in situations of irregular migration status. It is crucial to support the right to health, nutrition and a healthy environment through different legislative procedures, she said, detailing in this regard good practices in Colombia and Mexico. Regarding non-communicable diseases, she said that, without information, people cannot make better decisions. On the concept of “food apartheid”, she said it is the result of structural, systemic discrimination, calling for an analysis of power. Communities are targeted because they do not have power which, in turn, drives those communities further to the margins, she added. It is also crucial to address the specific impact of business activities, she said, emphasizing that businesses must respect that human rights are not a suggestion.
Sexual Orientation and Gender Identity
Mr. MADRIGAL-BORLOZ delivered his report on “Protection against violence and discrimination based on sexual orientation and gender identity” (document A/78/227). He noted that the expression “colonialism” is used daily in a broad manner in referring to a State acquiring, or seeking to maintain, its control over a sovereign Power, or groups. The report covers one aspect of this — the processes through which legislation and customs regarding sexual orientation and gender identity were used to consolidate colonialism. Evidence gathered in the report, he said, strongly suggests that before colonization many peoples did not have a binary approach to gender or correlate anatomy to gender identity. Feminist theorists have written about how sexual morality was less gendered and hierarchical within Sub-Saharan pre-colonial societies. Tribes situated in present-day Nigeria did not have a gender binary and did not assign gender at birth: in the Yoruba culture, for example, social hierarchies were based on seniority, while Senegalese communities showed fluid sexual behaviors. However, Nigeria, Senegal, Ghana and Kenya all currently have laws that criminalize sexual relations between people of the same gender. In that regard, the impact of colonialism is clear throughout the regions which historically have been under the power of colonial countries, and this is not limited just to their legal systems.
Sexual orientation and gender identity diversity existed worldwide throughout recorded history, he said. People embodying gender-variant roles and identities have been cherished in many societies, both in ceremonial and advisory roles, among them the two-spirit people in North America, the bonjus in Europe, the muxes in Mexico, the hijras in India and Bangladesh, the takatāpuis in Aotearoa/New Zealand, and the sistergirls of the First Nation cultures in Australia. Criminalization and pathologization have a fundamental impact on the traditional role played by Indigenous Peoples in the post-colonial era. The law was the main means by which this was applied, and was at the basis of complex systems of socialization that included policing and education. Several former colonies criminalized sexual relations between people of the same sex after attaining independence to incorporate norms that were adopted through the colonial system. Nevertheless, each autonomous State is responsible for safeguarding the well-being of all people under their jurisdiction. To meet that goal, a sovereign State must reconcile its past, its present and its future to understand what pillars of the structure should be maintained, and what needs to be re-evaluated and destroyed.
When the floor opened for comments and questions, delegates echoed the call to decriminalize same-sex intimacy, noting global pushback. Former colonial powers questioned their responsibilities to LGBTI persons in formerly colonized countries, while formerly colonized countries shared progressive policies, asking how to further decolonize their legislation.
The representative of Argentina, speaking on behalf of the LGBTI Core Group, welcomed the report, which spotlights impacts of colonialism and decolonization on the perpetuation of harmful social norms associated with sexual orientation and gender identity. She stressed the importance of decriminalizing sexual orientation and gender identity, as well as adopting anti-discrimination measures. She asked for examples of effective awareness-raising campaigns to promote respect for diversity, including gender identity and sexual orientation.
Representatives of several countries, including the United States, Iceland, France and Brazil, called for universal decriminalization of same-sex intimacy, with Brazil noting it has created a national secretariat for LGBTI persons.
Aligning with the European Union, the representative of Germany acknowledged its role as a colonial power, expressing concern over countries moving to criminalize same-sex relationships in a recent pushback against LGBTI rights. This is occurring in countries claiming that homosexual or queer gender identities have no place in their societies or are imposed by the West. Noting that former colonial powers have a responsibility to protect those who are attacked for who they are and who they love, she asked how the international community can raise awareness on the relationship between colonialism and the criminalization of same-sex relationships.
The representative of Cuba said that, following a popular referendum, the country’s Constitution was amended to expand protections for LGBTI people. It introduced the most progressive family code in the world, which broadens the concept of the rights of the child, women, elderly, disabled and LGBTI persons. All of this was achieved despite the illegal unilateral coercive measures imposed by the United States, negatively affecting Cuba’s LGBTI population.
The representative of Ukraine said that, while her country fights discrimination through its legislative framework, the Russian Federation illegally extends its legislation in the occupied territories, including the criminalization of the so-called “propaganda of homosexuality”.
The representative of Chile asked how the country might decolonize its legislative framework.
The representative of South Africa, aligning with the LGBTI Core Group, recalled South Africa’s well-documented colonial and neo-colonial history, most often identified along racial lines. It is also important to recognize how colonization has informed gender and sexuality norms, he said. Heteronormative sexuality and gender roles are inextricably linked to racist characterizations of gender and sexuality, which radically transformed African society. South Africa is proud to be the first country in the world to prohibit discrimination based on sexual orientation in its Constitution, he added, asking how best to incorporate the links between LGBTI persons, decolonization of knowledge and advancing of Indigenous knowledge systems.
In response Mr. MADRIGAL-BORLOZ highlighted the importance that parties engaging in the dialogue represent different positions in the historical processes of colonization and decolonization, remarking on the absence of certain delegations from participating in the dialogue. Most interventions illustrate how successful colonial projects have been in instrumentalizing political homophobia, used by colonizers in advancing interests having nothing to do with human rights. The defence of criminalization is in a way defending the colonial project, he said. He noted a shared responsibility to interrogate all frameworks, including knowledge, development and even the ways in which colonial legacies hinder access to sectors of human rights, including food, housing and culture. Recalling the visits and fact-finding missions during his mandate, he underscored that the criminalization of LGBTI people, or those perceived to be, may lead to the death penalty in 11 countries, torture and other inhuman treatment. Sexual orientation and gender identity must be protected by international human rights law. Work by the UN to eradicate violence is incomplete without considering them, he stressed. To authorities representing States refusing to recognize this fact, he said: “As long as you continue to deny your lesbian, gay, bisexual, trans and gender diverse siblings the respect and protection that they require, your legitimacy to speak of human rights, of democracy, of respect or of dignity is compromised.”
Human Rights of Minorities
Mr. DE VARENNES, presenting his report (document A/78/195), warned that “the world is a darker, more dangerous and threatening place than it has ever been for almost a century”. This is largely due to the failure of the United Nations to focus its efforts where it is most needed — on preventing conflicts and guaranteeing the equal protection and recognition of the human rights of marginalized minorities in a world of rising nationalism, xenophobia and discrimination. “We now have more violent conflicts than at any time since the end of the Second World War,” he said, adding that most are internal conflicts, and most involve grievances of exclusion, discrimination or injustice, usually of minorities and Indigenous Peoples. This has led to the largest number of displaced people in human history, a staggering 110 million individuals displaced worldwide, double the number of those displaced by the Second World War. A decade-old campaign to eradicate statelessness has simply failed: the number of persons without citizenship has not been eradicated, it has not even been reduced. “We are facing the potential of millions more being stateless”, he said, with more than three-quarters belonging to minorities.
He further highlighted the rise of hate speech and hate crimes, as manifested by the record levels of antisemitism, Islamophobia, racism, xenophobia and intolerance, with social media becoming platforms for the spread of dehumanizing language targeting minorities and normalizing violence. Children are denied the right to education in their own language where this is eminently feasible and reasonable, in violation of international law. Moreover, millions of them are separated from their families for most of their childhood in the name of integration — when it seems more likely to be new efforts at “forced assimilation”. The risks of atrocities, humanitarian catastrophes and even genocide have never been higher in recent history, he cautioned, attributing this partially to the inability of the United Nations to respond to growing threats, instability or conflicts. These often involve the populist xenophobia, discrimination and bigotry which have led to a more unstable and unjust world, and the massive and grave denial of the human rights of hundreds of millions of persons who are mainly minorities.
It is time to rectify the “inaction and negligence” and the lagging behind of minorities, when compared to the treatment and protection provided to other vulnerable groups at the United Nations, and to concentrate efforts on conflict prevention rather than on conflict resolution. The focus should be on internal conflicts which are driving the current explosion of humanitarian crises and massive population movements. Additionally, he stressed the need to relaunch the 2013 guidance note of the Secretary-General on racial discrimination and protection of minorities for the mainstreaming and integration of minority rights in all UN pillars and activities, and seek the integration of minority rights into the work of the UN system. This will serve to institutionally strengthen the UN’s human rights protections and mechanisms for minorities, and contribute to the prevention of conflict, rather than ignore the root causes. It will also prevent record levels of displaced people who will always try to find safety and stability in other parts of the world and increasingly pressure the borders of many States as “they are desperate and have no choice in many cases”, he added.
In the ensuing interactive dialogue, speakers underscored the importance of protecting minorities, particularly women, highlighting that these people are often marginalized and consequently the most vulnerable. Some delegates also advocated against using minorities as a false pretext for political issues, while others called for tackling systemic racism, xenophobia and intolerance.
The representative of the United States said his country is collaborating with tribal nations and native Hawaiian communities to develop a 10-year plan on native language revitalization, with $3.4 million provided by the Government to that end. He asked how Member States can support the revitalization of languages of Indigenous and other marginalized peoples outside of an educational setting.
Austria’s representative, aligning with the European Union, questioned which measures are the most effective to prevent the discrimination of minorities; what the most significant implementation gaps of the Declaration are; and which best practices the Special Rapporteur would recommend to that end.
The representative of Israel asked how the UN should act in light of rising antisemitism.
Recalling that his country’s Constitution enshrines equality for all, Iraq’s delegate noted that all minorities — Christian and others — are treated equally and participate in the country’s political life. He inquired what necessary elements should be encoded in a potential convention on the rights of minorities.
The representative of Türkiye, meanwhile, rejected the reference made by the Special Rapporteur in his report regarding the events of 1915 in the Ottoman Empire, adding that the Special Rapporteur not only goes beyond his mandate, but attempts to rewrite history in accordance with false allegations.
Switzerland’s representative, in his turn, asked which path forward the Special Rapporteur envisions to protect women who belong to minorities, who often fall victim to multiple forms of discrimination.
The delegate for Cameroon asked what trends the Special Rapporteur has noted regarding the rights of minorities — cultural or religious — and also inquired about his cooperation with the Permanent Forum on People of African Descent.
Japan’s representative asked for good examples of civil society, non-governmental organizations and minority representatives participating in the development, implementation and evaluation of national policies and strategies on the protection of minority rights.
Mr. DE VARENNES, responding, recalled that, 30 years ago, the UN made a step towards recognition of the rights of minorities by adopting the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. However, since then, things have “gone backwards” in several areas. Pointing to initiatives to recognize and protect the rights of other marginalized groups, including the Permanent Forum on Indigenous Peoples, Permanent Forum on People of African Descent and a number of treaties, including for persons with disabilities, he stressed that, in relation to minorities, the Organization has not achieved sufficient progress. To change this, the UN should mainstream minority rights, focusing on conflict prevention and expertise in minority issues, he said. He also suggested adopting a treaty that clarifies the rights of minorities in key areas, including Statelessness. Recalling that minorities constitute more than three quarters of the world’s Stateless people, he stressed the need for clearer indications of what people’s rights are. The absence of such allows for unjust situations to prevail, he added. Turning to education and languages for minorities, he said the respective section of the report offers clarifications that might help diffuse ignorance and misunderstanding in that regard.