A/HRC/43/37
I. Introduction
1.
The present report is presented to the Human Rights Council pursuant to its
resolution 38/18. After a series of resolutions on the role of prevention in the promotion and
protection of human rights,1 it was decided, in resolution 38/18, to convene two
intersessional seminars with States and other relevant stakeholders on the contribution that
the Human Rights Council could make to the prevention of human rights violations. The
Council also requested its President to appoint a chair-rapporteur and two rapporteurs to
chair and facilitate the two intersessional seminars in Geneva, and to consult and gather the
views of relevant stakeholders in Geneva and New York, as well as to present a report to
the Council at its forty-third session. On 18 October 2018, the President of the Council
appointed Yvette Stevens as chair-rapporteur and Pablo de Greiff and Nils Muižnieks as
rapporteurs.
A.
Scope of the mandate
2.
In its resolution 38/18, the Council reaffirmed, in the preambular paragraphs, that all
human rights are universal, indivisible, interrelated, interdependent and mutually
reinforcing. In the present report, the rapporteurs focus therefore on the prevention of
violations of all human rights, whether they are civil and political, or economic, social and
cultural. In addition, resolution 38/18 should be understood as referring to the need for
prevention in diverse contexts, ranging from those in which violations are systematic (be
they conflict situations or not) to those in which violations are more sporadic or yet to occur,
but for which preventive measures are needed.
3.
In the resolution, the Council further specified the institutional focus of the report,
namely the role of the Council in the prevention of human rights violations and its capacity
to respond to human rights emergencies. In resolution 38/18, the Council referred to
General Assembly resolution 60/251, paragraph 5 (f), in which the Assembly outlined the
mutually reinforcing elements of the preventive role of the Council, namely: to contribute,
through dialogue and cooperation, towards the prevention of human rights violations and
respond promptly to human rights emergencies. With this in mind, in resolution 38/18, the
Council tasked the three rapporteurs with presenting proposals on how it could effectively
contribute in the future to the prevention of human rights violations.
4.
In resolution 38/18, the Council also requested that the rapporteurs give due
consideration to how it can work effectively with all pillars of the United Nations system
with a view to strengthening system-wide coherence and contributing to sustaining peace
and the implementation of the Sustainable Development Goals, as well as to the availability
in the United Nations system of financial resources for human rights promotion, and for
prevention in particular.
B.
Methodology
5.
Pursuant to their mandate, the three rapporteurs organized two intersessional
seminars in Geneva. The first seminar, held on 9 and 10 April 2019, considered how the
Council and its mechanisms had fulfilled their preventive mandate and how they could
prevent human rights violations more effectively in the future. The second seminar, held on
8 October 2019, examined the interaction between the Council and the peace and security
and the development pillars of the United Nations. It also considered the availability in the
United Nations system of financial resources for the prevention of human rights violations.
6.
The rapporteurs also consulted, as envisaged by the Council in its resolution 38/18,
with the relevant stakeholders in Geneva and New York. In Geneva, the rapporteurs met
with regional groups, States, the President of the Council, the United Nations High
Commissioner for Human Rights and senior managers in her Office, the Coordination
Committee of Special Procedures, the Working Group on the issue of human rights and
transnational corporations and other business enterprises, and civil society organizations.
1
2
Human Rights Council resolutions 14/5, 18/13, 24/16 and 33/6.
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