A/HRC/43/37
starter. But some of the crucial notions associated with the core of human rights, including
equality and non-discrimination, can be seen as preventive and anti-grievance mechanisms.
By guaranteeing conditions of inclusion, or at the very least protection against the various
forms of marginalization and discrimination, both of individuals and communities, human
rights have a great potential to prevent the circumstances under which grievances usually
occur.
II. Overview of the intersessional seminars
12.
In its resolution 38/18, the Council requested that the rapporteurs provide, in their
report, an overview of the views reflected in the two seminars. Participants in the first
seminar, when examining the preventive role played by the Council’s mechanisms, called
for the Office of the United Nations High Commissioner for Human Rights (OHCHR) to
compile good practices on prevention, including actions targeting the root causes of
violations, in order to build resilient societies. They insisted on the critical role of human
rights education and the need to build national capacities. National mechanisms for
implementation, reporting and follow-up have a great role to play in this respect.
Participants emphasized that, at the national level, all actors, including parliamentarians,
should be consulted or involved in the preparation of reports of the Council’s mechanisms,
including those of the Working Group on the Universal Periodic Review. They called for
all mechanisms, including special procedures, to favour a spirit of dialogue and cooperation
and to implement their mandates as set forth in their establishing resolutions. They also
asked that investigative mechanisms be put in place more rapidly. The need for additional
funding to implement the recommendations of the Council’s mechanisms and respond to
increasing demands was also highlighted.
13.
During the second seminar, participants acknowledged the gap between Geneva and
New York and called for the Council and its mechanisms to be given more opportunities to
brief United Nations bodies in New York. They called for greater integration of human
rights in conflict prevention activities. Some participants highlighted that sanctions that
have an impact on people’s enjoyment of rights should be avoided. The need for more
regular early warning briefings by the High Commissioner to the Council and for prompt
action based on those briefings was emphasized. Some participants supported moving from
confrontation to dialogue and further engagement with States facing human rights
challenges. The need for more confidential settings to conduct preventive diplomacy was
also highlighted.
III. How can the Council’s mechanisms contribute more
effectively to the prevention of human rights violations?
14.
In the preambular paragraphs of resolution 38/18, the Council reaffirmed the
relevance of its existing procedures and mechanisms, particularly the universal periodic
review, the special procedures, the complaints procedure, the Advisory Committee and the
open-ended intergovernmental working groups, to the prevention of human rights violations.
The following remarks reflect the views expressed during the first intersessional seminar
and during consultations conducted subsequently.
A.
Advisory Committee
15.
The thematic studies conducted by the Advisory Committee have a preventive
potential. Discussions, including panel discussions, and workshops on specific topics
organized by the Advisory Committee have raised awareness of new or complex human
rights issues. Some of its reports have led to the creation of protection mandates and to the
adoption of new standards. Due to its collegial nature, its respect of geographical balance in
its composition and the emphasis placed on participation in its methods of work, the
Advisory Committee is a mechanism that could be used more effectively to build consensus
on prevention-related issues.
16.
The consultations highlighted, however, that the reports of the Advisory Committee
were not sufficiently known and disseminated within the Council, let alone more widely. It
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