Credit: UN Geneva
The United Nations Human Rights Council Advisory Committee concluded its 13th Session, at the Palais des Nations in Geneva, Switzerland last week. [OHCHR] The Advisory Committee functions as a think-tank for the Human Rights Council, providing it with studies and research-based advice on specific human rights issues.
During the session, which lasted from August 11 to August 15, the Advisory Committee discussed six requests addressed to it by the Human Rights Council. The Human Rights Council requested studies and research-based reports on the following topics:
- promotion and protection of human rights in post-disaster and post-conflict situations;
- negative impact of corruption on the enjoyment of human rights;
- promoting human rights through sport and the Olympic ideal;
- local government and human rights;
- human rights and unilateral coercive measures; and,
- technical cooperation for the prevention of attacks against persons with albinism.
[OHCHR] A brief overview of each of the Advisory Committee’s six reports follows.
Promotion and Protection of Human Rights in Post-Disaster and Post-Conflict Situations
In Resolution 22/16, the Human Rights Council requested the Advisory Committee to prepare a research-based report on the main challenges and best practices of promoting and protecting human rights in post-disaster and post-conflict situations. As part of the preparation process, the Human Rights Council requested the Advisory Committee to seek the views and inputs of Member States, relevant international and regional organizations, various UN bodies and mechanisms, such as the Office of High Commissioner for Human Rights (OHCHR), relevant human rights special procedures, and civil society groups.
The Advisory Committee determined that the scope of its report should be limited to the human rights aspects of humanitarian action during post-disaster and post-conflict situations. UN Human Rights Council, Progress report of the research-based report of the Human Rights Council Advisory Committee on best practices and main challenges in the promotion and protection of human rights in post-disaster and post-conflict situations, UN Doc. A/HRC/27/57, 28 July 2014, para. 8. It also determined that the temporal scope of the report should begin at the point immediately after a disaster or a conflict occurs and end when daily life by the affected population resumes. Id. at para. 9. National action plans are one exception, however. National action plans, the Advisory Committee reasoned, should incorporate a human rights perspective, so that humanitarian activities can be implemented according to human rights principles immediately upon the occurrence of a disaster or conflict.
During its 13th session, the Advisory Committee considered the draft final report. The report is to be submitted to the Human Rights Council at its 28th session in March 2015. See the history of the Advisory Committee’s study of this topic on its Human rights in post-disaster and post-conflict situations thematic issue page.
The Negative Impact of Corruption on the Enjoyment of Human Rights
In Resolution 23/9, the Human Rights Council requested the Advisory Committee to prepare a research-based report on the issue of the negative impact of corruption on the enjoyment of human rights and to list recommendations on how the Human Rights Council and its subsidiary bodies should consider the issue. The drafting group collected responses to questionnaires sent to States, national human rights institutions, nongovernmental organizations, and international and regional organizations and academic institutions.
The Advisory Committee considered the need for a definition of corruption and contemplated the definition proposed by Transparency International, which described corruption as “the abuse of entrusted power for private gain.” UN Human Rights Council, Research-based progress report on the negative impact of corruption on the enjoyment of human rights, UN Doc. A/HRC/AC/13/CRP.3, 4 August 2014, para. 5. Though this definition is broad, the Advisory Committee considered that it was nonetheless too narrow in some respects. For example, the use or abuse of power that was obtained illegally can also lead to corruption. The Advisory Committee concluded that it was neither necessary to develop a clear definition, nor was it within the scope of the Human Rights Council’s request to do so. Instead, the Advisory Committee would focus on the result of conduct in its report. Id. at para. 6.
At its 13th session, the Advisory Committee considered the draft final report. The report will be submitted to the Human Rights Council at its 28th session in March 2015. See additional information and documents related to the Advisory Committee’s study of this topic on its Negative impact of corruption thematic issue page.
Promoting Human Rights through Sport and the Olympic Ideal
The Human Rights Council requested the Advisory Committee to prepare a study on the possibilities of using sport and the Olympic ideal to promote and strengthen respect for human rights in its Resolution 24/1. In particular, the Human Rights Council requested that the Advisory Committee consider the value of the relevant principles contained in the Olympic Charter and good sporting example. The Human Rights Council requested the Advisory Committee to assemble the views and inputs of Member States, international and regional organizations, national human rights institutions, civil society groups, and other stakeholders. UN Human Rights Council, Progress report of the Human Rights Council Advisory Committee on the study on the possibilities of using sport and the Olympic ideal to promote human rights, UN Doc. A/HRC/27/58, 28 July 2014, para. 2.
At its 13th session, the Advisory Committee considered the progress report prepared by the study’s drafting committee. The progress report will be submitted to the Human Rights Council at its 27th session in September 2014. See additional information and documents related to the Advisory Committee’s study of this topic on its Sport and the Olympic ideal thematic issue page.
Local Government and Human Rights
The Human Rights Council requested the Advisory Committee to prepare a research-based report on the role of local government in the promotion and protection of human rights in its Resolution 24/2. In particular, the Advisory Committee was tasked with identifying ways to “mainstream” human rights in local administration and public services. UN Human Rights Council, Preliminary research-based report on local government and human rights, UN Doc. A/HRC/AC/13/CRP.4, 11 August 2014, para. 2. The Human Rights Council also requested the Advisory Committee to seek the views and inputs of Member States, the Office of the High Commissioner for Human Rights, special procedure mandate holders, relevant international and regional organizations, nongovernmental organizations, and national human rights institutions.
At its 13th session, the Advisory Committee considered the progress report prepared by the report’s drafting group. The Advisory Committee will present the progress report to the Human Rights Council at its 27th session in September 2014. See additional information and documents related to the Advisory Committee’s study of this topic on its Local government thematic issue page.
Human Rights and Unilateral Coercive Measures
In its Resolution 24/14, the Human Rights Council requested the Advisory Committee to draft a research-based report on the impact of unilateral coercive measures on the enjoyment of human rights, and to provide recommendations on a mechanism to assess their negative impact and to promote accountability. UN Human Rights Council, Preliminary research-based report on human rights and unilateral coercive measures, UN Doc. A/HRC/AC/13/CRP.2, 30 July 2014, para. 1. “Unilateral coercive measures” is the term used to refer to actions taken by one State to compel another State to adopt a change in policy, by interrupting or disrupting investment or trade, such as through trade sanctions or a boycott. The question of the legality of unilateral coercive measures falls outside the scope of the report. Id. para. 5. The Advisory Committee was tasked with gathering feedback from Member States, relevant special procedures mandate holders, national human rights institutions, and nongovernmental organizations during the preparation of its report.
The Advisory Committee considered the draft report prepared by the drafting group and will submit a progress report to the Human Rights Council at its 28th session. See additional information and documents related to the Advisory Committee’s study of this topic on its Unilateral coercive measures thematic issue page.
Technical Cooperation for the Prevention of Attacks against Persons with Albinism
The Human Rights Council requested the Advisory Committee to prepare a study on the situation of human rights of person living with albinism in its Resolution 24/33. The Advisory Committee collected answers to a questionnaire sent to Member States, national human rights institutions, the Office of the High Commissioner for Human Rights, UN treaty bodies, and special procedures mandate holders. The report outlines the particular human rights violations faced by persons living with albinism, the actions taken at the international level and by the OHCHR, and recommendations for addressing some of these key problems. UN Human Rights Council, Preliminary study on the situation of human rights of persons living with albinism, A/HRC/AC/13/CRP.1, 30 July 2014, para. 4.
The Advisory Committee considered the draft report at its 13th session, prior to its submission to the Human Rights Council at its 28th session in March 2015. See additional information and documents related to the Advisory Committee’s study of this topic on its Albinism thematic issue page.
Other Undertakings of the Advisory Committee
Although the Advisory Committee lacks authority to independently adopt resolutions or decisions on human rights issues, it may submit research proposals to the Human Rights Council. To that end, during its 13th session, the Advisory Committee decided to submit research proposals to the Human Rights Council on the following subjects:
- the impact of settler colonialism on human rights,
- whistle-blowing and human rights,
- activities of vulture funds and human rights,
- preserving international water courses to protect the right to life and food,
- unaccompanied child migration and human rights,
- possibility of establishing a universal human rights court,
- citizens’ security and human rights, and
- youth and human rights.
[OHCHR]
In addition to the six reports requested by the Human Rights Council, the Advisory Committee discussed standing items, including the integration of a gender perspective and the perspective of persons with disabilities. Among the other decisions reached, the Advisory Committee decided to “institutionalize” its meetings with the Bureau of the Human Rights Council, nongovernmental organizations, and regional and political group coordinators. [OHCHR]
About the Advisory Committee
The Advisory Committee is an 18-member body of independent experts that supports the work of the Human Rights Council by providing studies and research-based advice to the Human Rights Council. Established in 2008 pursuant to Human Rights Council Resolution 5/1, the Committee meets two times per year for a maximum of ten working days per year.
The members of the Advisory Committee are selected based on their recognized competence and experience in the field of human rights, their high moral standing, and their independence and impartiality. Resolution 5/1, para. 67. The Advisory Committee’s membership also follows geographic representation guidelines. There are five members each from Asian and African States, three members each from Latin American and Caribbean and Western European and other States, and two members from Eastern European States. Current members of the Advisory Committee are from the following countries: Argentina, Austria, Azerbaijan, Bahrain, China, Egypt, El Salvador, Ethiopia, France, Guatemala, Japan, Mauritius, Nigeria, Pakistan, Philippines, Russia, Switzerland, and Uganda.
The 14th Session of the Advisory Committee will convene from February 23 to 27, 2015.
For more information on the UN Human Rights Council, visit the Human Rights Council page of the IJRC Online Resource Hub.