A/HRC/38/40
I. Introduction
1.
In the present report, presented pursuant to Human Rights Council resolution 35/3,
the Independent Expert on human rights and international solidarity, Obiora Chinedu
Okafor, summarizes the work undertaken by his predecessors, outlines his activities since
his appointment, sets out his objectives and his work plan, and discusses his possible
thematic priorities.
2.
The report is structured into eight sections. After a short introduction, a brief
contextual background on the mandate is offered, followed by a short discussion on the
nature of the mandate. The work undertaken by the previous mandate holders is described
in section III. The activities of the current mandate holder since the last reporting cycle are
described in section IV. The Independent Expert’s goals and objectives for the mandate are
outlined in section V. The methods of work that the Independent Expert intends to employ
in the discharge of his mandate are presented in section VI. Possible thematic priorities that
the Independent Expert may address during the term of his mandate are identified in section
VII. Finally, some concluding remarks are offered in section VIII, including on the
necessity for continued stakeholder cooperation with the mandate.
3.
The Independent Expert would like to express his profound gratitude to the previous
mandate holders for the extensive work undertaken since the establishment of the mandate
in 2005. His vision for the mandate flows from, and builds on, the commendable work done
by his predecessors.
4.
While stressing that the processes of promoting and protecting human rights should
be in conformity with the purposes and principles of the Charter of the United Nations, the
Human Rights Council, in establishing the mandate of the Independent Expert, also
recognized that inadequate attention has thus far been paid to the importance of
international solidarity to the fuller realization of human rights, including the right to
development and economic, social and cultural rights, as well as to its centrality to the
effective implementation of the 2030 Agenda for Sustainable Development. 1 The
Independent Expert views the provision of advice to the Human Rights Council on the
ways and means of markedly reducing this attention deficit as one of a number of key
aspects of his mandate — especially in relation to issues such as climate change mitigation
and adaptation, the just and effective management of migration and refugee flows, the
reduction or even elimination of the very well-known ills associated with illicit financial
flows and tax havens, and a number of other shared global challenges described in more
detail in the present report.
5.
In discharging his mandate, the Independent Expert recognizes the need to take into
account the views of (international) non-State actors and stakeholders, as key drivers of the
effort to promote and protect human rights and as intermediaries for rights holders around
the world. This recognition is reflected in his vision for the mandate and his proposed
thematic priorities.
II. Background information on the mandate
6.
The mandate of the Independent Expert on human rights and international solidarity
was created in 2005 by the Commission on Human Rights, via its resolution 2005/55, for a
period of three years. In 2008, the mandate was extended by the successor to the
Commission, the Human Rights Council, via its resolution 7/5, also for a three-year period.
In 2011, the Council extended the mandate for a further three-year period via its resolution
17/6. A similar three-year extension was mandated by the Council in 2014, via its
resolution 26/6. In 2017, the Council passed resolution 35/3, which reaffirmed all its
previous resolutions regarding the mandate. It was on the basis of this last resolution that
the current mandate holder was appointed.
1
Human Rights Council resolution 35/3.
3
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