Highlights from HRC57 Reports

This post may be continuously updated to include highlights from additional UN reports for the 57th session of the Human Rights Council (September 2024). The reports are available on the HRC website.

Arbitrary Detention

Report of the Working Group (A/HRC/57/44)

In 2023, the Working Group sent urgent appeals to 28 Governments and 111 allegation letters and other letters to 56 Governments, concerning at least 354 identified individuals.

It detailed cases of reprisals and intimidation against individuals who cooperate with the Working Group in Russia, Hong Kong (China) and Cuba [para 30].

The Working Group also examined the topic of mandatory sentencing. It noted that while mandatory minimum sentences do not automatically render a detention arbitrary, they pose a significant risk of leading to situations that may be qualified as arbitrary. Due to the removal of judicial discretion during sentencing, mandatory minimum sentences are incompatible with the requirement that a deprivation of liberty be justified, adequate, necessary and proportional to the aim sought.

Climate Change [Added 12.9]

Study by the Secretary-General on equity-based approaches (A/HRC/57/30)

The SG cites a number of human rights treaty bodies and other sources to establish the obligations of all countries and responsibilities of businesses to provide remedy, including through financing, for the climate harms to which they contributed [para 54].

He also encourages States to consider establishing a group of experts or other mechanism on climate justice to explore human rights- and equity-based approaches to climate harm, including loss and damage and associated human rights dimensions [para 59].

Death Penalty

Report of the Secretary-General (A/HRC/57/26)

The comprehensive report addresses inter alia safeguards in the use of the death penalty; its use against children and persons with psychosocial or intellectual disabilities; and gender dimensions.

Notable negative developments included a sharp increase in executions in Iran, accounting for 65% of all executions in the world in 2022 and 74% in 2023; Saudi Arabia accounting for 15% in global executions in 2023; resumed executions in Kuwait and in the State of Palestine, for the first time since 2017; nearly doubling of death row population in Pakistan; resumed executions by the Taliban in Afghanistan, including public executions; legal revision in Belarus and execution of one man; and the execution of 13 people in Nasiriyah Central Prison in Iraq without prior notice.

In addition, negative legal and judicial developments were noted in Uganda (the Anti-Homosexuality Act), the Philippines, Guyana, Trinidad and Tobago, the Democratic Republic of the Congo, Nigeria, and the US (Florida and Idaho).

Right to Development (the Expert Mechanism)

Thematic study on individual and collective dimensions of the right to development (A/HRC/57/40)

The study analyzes a topic of perhaps some controversy: individual and collective rights.

It concludes by noting: "Ultimately, the right to development agenda reflects a development philosophy that prioritizes human dignity, freedom and human potential. It represents a call for collaborative efforts to forge systems through which development gains can be broadly shared and managed in a way that safeguards the ability of current and future generations to meet their own needs."

Annual report (A/HRC/57/39)

The Expert Mechanism noted the topics of the other studies that it was developing:

1. Women’s active, free and meaningful participation in development, with a focus on decision-making 

2. Climate finance: vulnerability and responsibility

3. Climate justice, sustainability and the right to development

4. Artificial intelligence, regulation and the right to development

5. Right to development in international development cooperation

Right to Development (the Special Rapporteur)

Report of the Special Rapporteur (A/HRC/57/43)

The Special Rapporteur addresses separately the right to development of children and that of future generations, highlighting that they should not be conflated.

He recalls the definition of sustainable development – a development that “meets the needs of the present without compromising the ability of future generations to meet their own needs” [para 58].

While the following is not central to his thesis, it is worth noting that he calls to include all organisms, rather than only humans, in reference to future generations. Perhaps it would be less controversial to refer to the right to a healthy environment as an agreed legal framework which may include all organisms.

Enforced Disappearance [Added 13.9]

Report of the Working Group (A/HRC/57/54)

The Working Group maintains a table noting outstanding cases of enforced disappearance reported to it since 1980 [Annex II, pages 27-32]. The top 3 countries are Iraq (16,428 cases), Sri Lanka (6,282) and Algeria (3,313).

The next 25 countries in descending order (all holding above 100 cases) are Argentina, Guatemala, Peru, El Salvador, Russia, Colombia, Pakistan, Chile, Syria, Philippines, Iran, Nepal, the DPRK, India, Timor-Leste, Mexico, Lebanon, Egypt, Burundi, Indonesia, Sudan, Morocco, Honduras, Ethiopia and Nicaragua.

The Working Group also transmitted cases of violations tantamount to enforced disappearance perpetrated by seven non-State actors, listed in descending order: The Houthis, Hamas, the Libyan National Army, the Syrian Democratic Council, the self-proclaimed “Donetsk people’s republic”, the Taliban and the Restoration Council of Shan State in Myanmar [para 6].

The Working Group published a separate report on enforced disappearances in the context of elections, noting: “Enforced disappearances in the electoral context are employed by States not just to suppress political dissent and intimidate the opposition but also to instill fear among voters, thereby compromising the democratic process” [A/HRC/57/54/Add.4, para 63].

Indigenous Peoples

Report of OHCHR on the rights of Indigenous Peoples (A/HRC/57/25)

The report notes challenges and recent developments in human rights bodies and mechanisms, and activities relating to Indigenous Peoples, including in relation to ESCR and the right to development; free, prior and informed consent and consultative laws, protocols and mechanisms, including in the context of business and extractive industries; land rights; the right to a clean, healthy and sustainable environment; access to justice; indigenous human rights defenders; indigenous women and girls; indigenous youth and children; indigenous languages and Indigenous Peoples’ right to traditional knowledge; and participation in UN processes.

Indigenous Peoples' Participation [Added 12.9]

Report of OHCHR on Indigenous Peoples' participation (A/HRC/57/35)

The report compiles existing procedures for the participation of Indigenous Peoples at the United Nations and reviews challenges. It encourages Member States to consider the establishment of an accreditation mechanism to allow for enhanced participation of Indigenous Peoples’ representatives and institutions.

OHCHR also recommends to the HRC to adopt participation modalities such as those established by the mechanisms focused on Indigenous Peoples, without requiring consultative status with the Economic and Social Council. In particular, it recommends that the HRC consider ensuring that Indigenous Peoples’ representatives and institutions are allowed to participate in interactive dialogues and panel discussions focused on Indigenous Peoples.

Indigenous Persons with Disabilities

Report of the Special Rapporteur on Indigenous Peoples (A/HRC/57/47)

The Special Rapporteur notes that the disproportionately high numbers of persons with disabilities among Indigenous Peoples are driven by multiple factors, including environmental pollution and systemic poverty. These issues are compounded by historical and ongoing racial discrimination, which hinders their participation in society on an equal basis with others. The lack of disaggregated data and culturally appropriate disability support services leads to misdiagnosis in health care and inadequate care, perpetuating the cycle of disadvantage.

Older Persons (Independent Expert)

Report of the Independent Expert (A/HRC/57/42)

The Independent Expert participated in the 14th session of the Open-ended Working Group on Ageing, where the 10th anniversary of the mandate was marked.

She welcomes the historic adoption of the decision submitted by the Chair of the Open-ended Working Group, which identifies gaps in the protection of the human rights of older persons and makes recommendations to address them, including through an international legally binding instrument.

The report includes a thematic analysis of the autonomy, legal capacity and informed consent experienced by older persons, noting legal and policy standards; causes of restrictions on the legal capacity rights of older persons; and good practices. Again, the absence of a unified international legal framework is noted as a cause for the human rights concerns.

The Independent Expert notes that it is crucial to move towards approaches that support older persons experiencing cognitive decline or other limitations without infringing upon their human rights. Such approaches may include measures to strengthen supported decision-making, expand community-based support systems and meaningfully engage older persons in the development of policies related to legal capacity.

Older Persons (Expert Meeting) [Added 12.9]

Summary Report by OHCHR (A/HRC/57/36)

The report summarizes the proceedings of the expert meeting on violence, abuse and neglect of older persons, which took place in June 2024. It concludes with the recommendation that States adopt a comprehensive, legally binding international instrument on the human rights of older persons. The instrument must specifically address violence against and abuse and neglect of older persons, filling the existing gaps in definitions and protections related to ageism and age discrimination. It should ensure adequate protection in all contexts, including political, environmental and financial crises [para 61].

Slavery

Report of the Special Rapporteur (A/HRC/57/46)

The Special Rapporteur notes that the imposition of compulsory labour for incarcerated individuals is a common practice among States. While this does not automatically constitute forced labour, various practices are clearly in contravention of the existing international human rights and labour standards.

There is generally a lack of meaningful work opportunities, and wages are by and large insufficient, as incarcerated individuals are not able to pay for necessities, support their loved ones outside and save for their future, increasing the risk of recidivism and contemporary forms of slavery after their release. The working conditions also raise serious concerns, as long working hours without breaks or rest days, limited access to occupational health and safety protection, medical facilities and social security benefits, as well as intimidation, harassment or even violence, have been reported widely. State-imposed forced labour is practiced in various parts of the world, and sexual exploitation within correctional facilities remains serious.

Terrorism [Added 12.9]

Report of OHCHR (A/HRC/57/29)

The report discourages the expansive use of administrative measures to address terrorism, but recognizes them as a legitimate tool. It offers concrete recommendations, specifically to ensure that the use of administrative measures in each case is lawful, justified, necessary and proportionate, and is accompanied by robust safeguards and oversight, including judicial independence, to prevent overreach and protect human rights. It concludes by noting the support that UN entities can provide, though the following example may raise concern about OHCHR’s competence.

The report hides criticism against France for restricting pro-Palestinian protests in footnote no. 91, referring to paragraph 31, in which it is only stated that “in other contexts, counter-terrorism justifications have been used by executive branch authorities to unduly restrict freedoms of peaceful assembly and expression.” OHCHR cites an op-ed from Amnesty International posted just one week after the October 7 massacre, but neglects to specify that “the other contexts” include explicit support for terrorist groups and terrorist acts, as well as perpetrating antisemitic violence, intimidation and bullying against Jewish students.

Truth, Justice, Reparation and Guarantees of Non-recurrence

Report of the Special Rapporteur (A/HRC/57/50)

The Special Rapporteur will focus on situations of transition from conflict or authoritarian rule where there have been gross violations of human rights and serious violations of international humanitarian law.

He intends to address the following topics in his reports to the General Assembly:

1. Economic, social and cultural rights in the context of transitional justice;

2. Transitional justice responses to mass human rights violations (including terrorism and counter-terrorism, mass displacement and migration, climate change and environmental harms and corruption and organized crime);

3. Challenges of negationism, revisionism and politicization in transitional justice contexts;

4. Transnational transitional justice, including following international armed conflicts; and

5. Implementation of transitional justice in early stages of transition.

Myanmar

Report of the Independent Investigative Mechanism for Myanmar (A/HRC/57/18)

During the reporting period, the conflict in Myanmar escalated substantially, with reports of more frequent and brutal crimes committed across the country. The Mechanism possesses substantial evidence that a variety of war crimes and crimes against humanity have been committed.