A/HRC/43/37
32.
Some States expressed reservations about the utility of investigative bodies created
without consensus or the consent of the State concerned. Other States, however,
underscored the role that investigative bodies played in avoiding the recurrence of
violations, even in the case of non-cooperation by the country concerned. When the latter
cooperates, it is important that the investigative body build relationships of trust with
representatives of the State, both in Geneva and on the ground.
33.
Investigative bodies should also look at the root causes of violations to better
understand situations and propose measures to ensure non-recurrence. Their reports should
have a stronger forward-looking approach by including a risk-factor analysis and
formulating short, medium and long-term recommendations identifying measures to
address risks and grievances according to their urgency. Investigative bodies should liaise
more systematically with special procedures and other mechanisms to ensure that their
recommendations are taken up and implementation monitored.
34.
The consultations highlighted the difficulty in ensuring follow-up to the
recommendations of investigative bodies, due to the discontinuation of mandates and teams
working in these bodies. There is a need for greater institutionalization of the secretariats of
investigative bodies, so that there is no time lag owing to lengthy recruitment procedures or
when mandates are extended.
IV. How can the Council work more effectively with the other
pillars of the United Nations system and other actors, and
better mobilize funds?
35.
During the mission conducted in New York in June 2019 and the intersessional
seminar organized in October 2019 in Geneva, the rapporteurs examined how the Council
could work more effectively with the other pillars of the United Nations system and other
actors, as well as how to better mobilize resources for the prevention of human rights
violations. The following developments reflect the views expressed by States, United
Nations entities and civil society organizations during those consultations.
A.
Linkages with the peace and security pillar
36.
The nexus between the work of the Council and the United Nations peace and
security pillar in preventing human rights violations and emergencies can be found, at a
conceptual level, in the twin resolutions on sustaining peace adopted, in 2016, by the
Security Council and the General Assembly. 4 In its resolution 38/18, the Human Rights
Council refers to these resolutions, which emphasized the need to promote a comprehensive
approach to sustaining peace, particularly through respect for, and protection of, human
rights and fundamental freedoms. 5
37.
This comprehensive approach should be translated at the institutional level into
developing closer relationships between the Human Rights Council and the United Nations
peace and security entities. In this regard, the President of the Human Rights Council, as
well as mechanisms, including special procedure mandate holders and members of
investigative bodies, should be invited to brief the Security Council on specific thematic or
country situations. If this is not possible formally, it could be done informally, in
accordance with previous practice, through Arria-formula meetings or at the invitation of
members of the Security Council. The letter sent by the Coordination Committee of Special
Procedures to members of the Security Council, sharing country and thematic issues
4
5
8
Security Council resolution 2282 (2016) and General Assembly resolution 70/262.
The resolutions also encourage Member States participating in the universal periodic review process
to consider the human rights dimensions of peacebuilding. In January 2018, the Secretary-General
issued a report on peacebuilding and sustaining peace, in which he stated that the collective work of
the United Nations system to advance human rights should help to identify the root causes of and
responses to conflict. In that respect, it would remain imperative for the peace and security and
development pillars to make better use of the existing human rights mechanisms (A/72/707-S/2018/43,
para. 21).
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