A/HRC/28/30
sharing best practices and responding to early warning signs, the ratification of international
human rights instruments, human rights-compliant legislation and the dissemination of a
human rights culture were some of the prevention tools mentioned by delegations.
30.
One delegation expressed the hope that the panel discussion would be a stepping
stone towards the creation of prevention mechanisms urgently needed in many parts of the
world today witnessing grave human rights violations. Another delegation believed that
strengthening existing mechanisms was necessary, including to avoid misuse of biased
allegations of human rights violations, in particular in the field of the rights of ethnic and
national minorities, as a pretext for military intervention. Another supported the call for
strengthening existing prevention mechanisms and ensuring that preventing genocide and
other massive abuses of human rights was a priority above all other political and economic
interests.
31.
Some delegations stated that the concept of prevention was not clear and needed to
be defined in more explicit and measurable terms, and in a more nuanced and consensual
manner. There was a need to engage in evidence-based research to understand all aspects of
prevention and to develop tools, involving all stakeholders, in particular Member
States. They warned that the development of such tools should eschew politicization,
“naming and shaming” and intrusive approaches by powerful or influential States, and
should be based on the principles of universality and non-selectivity. It was stressed that a
universal agreement taking into account the suggestions and concerns of all Member States
was important, as it would help in the design of an acceptable mechanism for common and
quick action and ensure effective implementation. An impartial and transparent assessment
of all situations with accountability as the guiding norm for those involved in the analysis
and execution was recommended. Mr. Thomson responded to States’ concerns about
prevention being used as an international “naming and shaming” exercise by explaining
that the intention was quite the opposite – to assess risk factors and causes in order to
address them responsibly, and to find solutions with long-term effects on risk reduction.
The purpose was also to bring different actors together to find solutions, for which
openness was required.
32.
Some delegations were of the view that there was a need to go beyond the
theoretical and conceptual framework of prevention. Others highlighted that specific
national contexts should be considered when designing preventive technical assistance; one
delegation emphasized the need to ensure that assistance was relevant to local actors, using
words, concepts and ideas that resonated locally. Another delegation added that a
standardized approach to developing and exporting training packages or assistance had to
be avoided. Another emphasized that the concept of prevention had to encompass all
human rights, while yet another highlighted the importance of ensuring the protection of
minority rights (including through the mainstreaming of minority rights in the United
Nations system) with a view to preventing conflicts.
B.
Responsibility to prevent human rights violations
33.
Delegations and panellists stressed the fact that the promotion and protection of
human rights and, by extension, the prevention of human rights violations are primarily the
responsibility of States. States were able to create an environment conducive to the
prevention of human rights violations by, for example, adopting domestic legal and
institutional frameworks and strengthening their implementation. Ms. Brett and Mr. Zerbini
Ribeiro Leão pointed out that this national responsibility extended to Governments at all
levels, and that interaction and cooperation between State institutions and different levels
and branches of the Government were indispensable. Some delegations emphasized that it
was imperative that all prevention efforts respect fully the sovereignty, independence and
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