Human Rights Council (HRC)

Inputs from the President of the Human Rights Council to the 2016 HLPF: the work of the Human Rights Council in relation to the 2030 Agenda for Sustainable Development

1.An assessment of the situation regarding the principles of “ensuring that no one is left behind” at the global level

The commitment to address inequalities, inequities and discrimination both within and between states is at the very centre of the 2030 Agenda for Sustainable Development. The Agenda commits “to leave no one behind”, to ensure “targets [are] met for all nationals and peoples and for all segments of society” and “to reach the furthest behind first”. The imperative of reducing inequalities and combatting discrimination permeates all of the SDGs, with two dedicated goals on combating inequality and discrimination (Goal 5 on achieving gender equality and Goal 10 on reducing inequalities), one on peaceful and inclusive societies (Goal 16), as well as commitments within every other goal and a cross-cutting commitment to disaggregate data to monitor that no one is being left behind.

There is a strong convergence between the 2030 Agenda`s approach to “ensuring that no one is left behind” and the human rights-based approach to addressing inequality and discrimination among and within countries. The 2030 Agenda emphasizes the responsibilities of all States to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status . It thereby puts the focus on people as rights-holders and on the corresponding responsibilities of duty-bearers in fulfilling these rights.

Like international human rights law, the 2030 Agenda calls for formal and substantive equality of opportunities and outcomes for people who are vulnerable and must be empowered. It expresses the wish “to see the Goals and targets met for all nations and peoples and for all segments of society.” This includes all children, youth, persons with disabilities, people living with HIV/AIDS, older persons, indigenous peoples, refugees and internally displaced persons and migrants. It notes that both formal equality (treating all people equally under the law) and substantive equality need to be ensured and that positive measures to combat the multiple and intersecting grounds of discrimination faced by those left furthest behind are often necessary to secure substantive equality.

From a human rights perspective, lack of access to education, health, food security, employment, housing, health services and economic resources may often amount to a failure to achieve internationally agreed human rights. Consistent with human rights, the 2030 Agenda calls for the elimination of the inequalities in opportunities and outcomes in terms of access to social services and economic resources. Moreover, the “social protection floor” commitment in the 2030 Agenda reflects and reinforces the obligations of States to guarantee “minimum essential levels” of economic and social rights and dedicate “maximum available resources” to their realisation.

Another key element of a human rights approach to “ensuring that no one is left behind” is the reduction of relative inequalities. Consistent with international human rights law, the 2030 Agenda commits to combat income and wealth inequalities and acknowledges that relative inequalities in income and wealth hamper SDG achievement. Accordingly, the Agenda pledges to combat international inequalities among countries and reflects a “wish to see the Goals and targets met for all nations.” It further recognizes the need to include targets to “progressively achieve and sustain income growth of the bottom 40 per cent of the population at a higher rate than the national average.”

Finally, the 2030 Agenda highlights the need for inclusive, participatory and transparent forms of accountability and emphasises the critical importance of disaggregated data to make inequalities visible and to develop evidence based policies aimed at targeting those further behind. The UN Human Rights Council can contribute significantly to the HLPF’s assessment of progress towards these commitments.

2.The identification of gaps, areas requiring urgent attention, risks and challenges

The 2030 Agenda acknowledges that a key barrier to reaching those furthest behind is discrimination. It hence recognises that “people who are vulnerable must be empowered”, and includes explicitly children, youth, persons with disabilities, people living with HIV, older persons, indigenous peoples, refugees, internally displaced persons, migrants , people living in areas affected by complex humanitarian emergencies and in areas affected by terrorism, and people living under colonial and foreign occupation. It envisages a world where women and girls enjoy full gender equality and all legal, social and economic barriers to their empowerment are removed.

Through its work, the Human Rights Council has helped to identify the multiple and intersecting forms of discrimination that people from particular ethnicities, castes or minorities, indigenous peoples, groups in situations of vulnerability, persons with disabilities, migrants, stateless and displaced persons, children, youth, older persons, slum dwellers, persons with HIV and sexual orientation or gender identity minorities (and especially women within these groups) have often faced and has drawn attention to the challenges of overcoming discrimination. A more detailed account of the work of the Council on these different forms of discrimination is provided in the annex to this document.

3.Valuable lessons learned on ensuring that “no one is left behind”

Inequalities and discrimination are not inevitable but are often produced by policy choices that fail to take account of the rights of the most marginalised. Below are valuable lessons that can be drawn from the work of the Human Rights Council, including its Universal Periodic Review, on how to ensure that no one is being left behind and that those furthest behind are targeted first.

Adopt and fully implement laws, policies and plans to combat discrimination

To ensure that no one is left behind, the Human Rights Council has called for the adoption of comprehensive anti-discrimination legislation. Such legislation should be in conformity with international and regional human rights standards. It should protect against direct and indirect discrimination in law as well as in practice, and should promote equality both in terms of opportunities and outcomes.

Positive measures are often needed to achieve substantive equality of opportunities and outcomes in practice. These may include affirmative action measures, quota systems and/or schemes to guarantee the effective participation and representation of marginalised groups in public life. Such measures should target not only the symptoms but also the root causes of inequality.

National laws and policies should be complemented by adequately resourced national action plans to combat discrimination. Such plans should be developed in coordination with affected groups and local organizations and be adequately resourced.

To prevent discrimination from being replicated and inadvertently exacerbated in humanitarian response actions, countries should adopt specific measures to tackle discrimination in all development and disaster recovery actions and programming to ensure that the benefits of development humanitarian relief programmes are equally distributed.

Promote access to justice and strengthening law enforcement and criminal justice

Providing access to the formal justice system, including access to a judicial remedy, is a critical means of combating inequalities and discrimination. Beyond formal access to the justice system, measures need to be put in place to reduce social, economic, and cultural barriers that hamper those furthest behind from accessing the justice system. Easily accessible non-formal justice systems can be a helpful complement to formal justice systems. They can enable victims and communities at risk of discrimination to access justice and pursue remedies for victims. In 2015, the Human Rights Council adopted Basic Principles and Guidelines on remedies and procedures on the right of anyone deprived of their liberty to bring proceedings before a court.

Promoting human rights education against prejudice and harmful stereotypes Human rights education and training is another important vehicle to address discrimination, which is frequently deeply embedded in interpersonal and communal relationships. Human rights education can contribute significantly to promoting equality, preventing conflict and human rights violations and abuses, and enhancing participation and democratic processes. It can help foster societies in which all human beings are valued and respected, without discrimination or distinction of any kind, such as race, colour, sex, language, religion, political, or other opinion, national or social origin, property, birth or other status. The Human Rights Council called upon Member States to take appropriate measures to ensure the effective implementation of and follow-up to the United Nations Declaration on Human Rights Education.

Promoting full, effective and equal participation

The Human Rights Council has repeatedly “recognized that women, marginalized groups, minorities, and the vulnerable are most affected by discrimination in participation in political and public affairs.” The Council has called for the “full, effective and equal participation of all citizens in political and public affairs, including by eliminating laws, regulations and practices that discriminate, directly or indirectly.” Beyond the elimination of discriminatory regulation, right holders must be empowered to claim their rights and the capacity of duty bearer to fulfil their obligations must be strengthened.

Secure access to health and education and other basic services for all

The Council has developed a series of guidance materials to promote access to health, education and other basic social services. This includes, inter alia, the UN technical guidance on Maternal Mortality ; The UN Guiding Principles on Extreme Poverty and Human Rights ; the Basic Principles and Guidelines on Development based Evictions and Displacement ; and the Guiding Principles on Security of Tenure for the Urban Poor , to name but a few that have the most direct bearing on the SDGs.

Put in place universal social protection floors and promoting an adequate standard of living The Human Rights Council has recognized that social protection floors, when used as a baseline, have the potential to facilitate the enjoyment of economic, social and cultural rights and to reduce poverty and inequality. It has further underlined the importance of compliance with the principles of non-discrimination, transparency, participation and accountability.

Progressively realise economic, social and cultural rights by devoting “maximum of available resources” and by “achieving a minimum essential level”

The Human Rights Council has recognised that States should make available the “maximum of available resources” for the progressive realisation of economic, social and cultural rights. It has further emphasized that the obligation of non-discrimination and the duty to give priority to achieving “minimum essential levels” of the realisation of each right are not subject to resource constraints.

The Council has also stressed that the “principle of non-retrogression” implies that progress in living standards should be ring-fenced during crises and periods of austerity, or at the very least ensures that the impacts of policy changes do not disproportionally impact the poorest and most marginalised.

The Human Rights Council further stresses that the economic reform programmes arising from foreign debt should maximize the policy space of developing countries in pursuing their national development efforts, taking into account the views of relevant stakeholders in a way that ensures balanced development conducive to the overall realization of all human rights. It also called upon creditors, particularly international financial institutions, and debtors alike to consider the preparation of human rights impact assessments with regard to development projects, loan agreements or poverty reduction strategy papers. In 2011, the Council adopted guiding principles on foreign debt and human rights.

Promote the responsible engagement of the private sector in the implementation of the 2030 Agenda

Marginalised groups are particularly vulnerable to human rights abuses linked to business activities. The 2030 Agenda includes a commitment to foster a dynamic and well-functioning business sector in accordance with the UN Guiding Principles on Business and Human Rights. The UN Guiding Principles on Business and Human Rights, which were endorsed by the Human Rights Council in 2011 and the related Principles for Responsible Contracts integrating the management of Human Rights Risks into States-Investor Contract negotiations: Guidance for Negotiators”, provide global standards for preventing and addressing the risk of adverse impacts on human rights linked to business activity. States should take steps to implement the Guiding Principles, including the development of national action plans, as called for by the Human Rights Council and its Working Group on the issue of human rights and transnational cooperation and other business enterprises.

4.Emerging issues likely to affect the realization of this principle

Acts of intimidation and reprisals against human rights defenders

A vibrant civil society plays a crucial role in facilitating participation in public life, opening issues for public debate and ensuring that people can contribute to the policies and decisions that affect their lives. The Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and the Special Rapporteur on the Rights to Freedom of Peaceful Assembly and of Association have expressed their concerns about the worrying global trends towards the dismantling or hampering of the exercise of the rights to freedom of expression, association and peaceful assembly, with civil society actors and human rights defenders regularly facing discrimination, harassment, and intimidation, along with increased risks of torture, forced disappearance, arbitrary detention and even summary execution. Human Rights Council has called upon all States to combat impunity by investigating and pursuing accountability for all attacks and threats by State and non-State actors against any individual, group or organ of society that is defending human rights, including against family members, associates and legal representatives, and by condemning publically all cases of violence, discrimination, intimidation and reprisals against them.

Rise in terrorism and violent extremism

Human rights violations, inequality and discrimination of all kinds often lie at the root of violent conflict and the rise of extremism. Human rights are therefore key in preventing violent extremism, and efforts must be made to address the underlying grievances that foster violent extremism and terrorism. The 2030 Agenda, and more specifically SDG16 on peaceful and inclusive societies, address many of these critical issues. In some countries, however, efforts to prevent and counter violent extremism and terrorism have been abused to suppress political opposition or ideological dissent. The Special Rapporteur on Promoting and Protecting Human Rights and Fundamental Freedoms while Countering Terrorism has urged countries not to lose “the valuable rights and freedoms of our citizens in the rush to find new measures to protect them”. Measures which violate human rights are self-defeating: when human rights are breached in the name of counter-terrorism, grievances are fed on which violent extremists and terrorists thrive and which they use as a trigger of more violence and full scale conflict. The Human Rights Council reaffirmed the imperative to protect human rights and fundamental freedoms while countering terrorism and preventing and countering violent extremism.

Climate change

The Human Rights Council and its Special Procedures mechanisms have consistently drawn attention to the links between human rights and climate change. Sustainable development and the protection of the environment contribute to human well-being and to the enjoyment of human rights. Human rights therefore must be respected, protected and fulfilled for all without discrimination when addressing environmental challenges, including in the application of environmental laws and policies. States should take into account human rights obligations and commitments relating to the enjoyment of a safe, clean, healthy and sustainable environment in the implementation and monitoring of the SDGs, bearing in mind the integrated and multi-sectoral nature of the latter. This has also been reaffirmed by Parties at COP21, which noted that when taking action to address climate change, Parties should respect, promote and consider their respective obligations on human rights, including the right to health, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations, and the right to development, as well as gender equality, empowerment of women and intergenerational equity.

Lack of disaggregated data and weak data-collection systems

In a world of rising inequalities both between and within countries, disaggregated data are essential to adequately map and target those further behind first. The Human Rights Council has repeatedly underlined that reliable information and disaggregated data are essential for the assessment of progress in the realization of human rights and to help States meet their human rights commitments. Numerous recommendations coming out of the Universal Periodic Review mechanism and from Special Procedures mandate-holders call for the development of data disaggregated by vulnerable or marginalised groups, in keeping with international human rights instruments. The latter enumerates prohibited grounds of discrimination that represent authoritative and practical references for data disaggregation. The Human Rights Council has further stressed the importance of data confidentiality and access to information. Data collection processes should uphold international human rights standards and allow for data disaggregation, participation of relevant stakeholders, self-identification when collecting certain sensitive data (e.g. ethnicity), data protection, transparency and accountability.

5.Areas where interaction between the Human Rights Council and the High-level Political Forum is required

In February 2016, the Human Rights Council devoted its annual high-level panel discussion on mainstreaming human rights in the UN system to the theme “The 2030 Agenda for Sustainable Development and human rights, with an emphasis on the right to development”. The Panel discussion, which was opened by the United Nations Secretary-General and the President of the General Assembly, is testimony to the commitment of the Human Rights Council to contribute to the implementation of the 2030 Agenda. The meeting provided an opportunity to further explore the substantive links between human rights and the SDGs. It also served as an occasion for the Council to explore how it could make its rich body of evidence available to the High-level Political Forum, given its immediate relevance to the review of SDG progress.

The discussions highlighted the need to consider the modalities for a two-way exchange between the HLPF and the HRC. Further political guidance on the type(s) of inputs which would be most useful to the High-Level Political Forum to carry out its global SDG review function would be helpful for the Council. In this regard, the adoption of the General Assembly resolution on the 2030 follow-up and review mechanism, including an agreement on the themes for the next few years, will provide additional helpful guidance on the basis of which the Council will be able to consider how to best respond to the call of the 2030 Agenda for “functional commissions and other intergovernmental bodies and forums to contribute to the review of SDG progress given the integrated nature of the goals as well as the inter-linkages between them.”

In the meantime, the Human Rights Council is already making a link to the 2030 Agenda in a large number of the resolutions it adopts. The Council has also requested the Office of the High Commissioner for Human Rights to put a particular emphasis on the SDGs in several of the reports which it has mandated. One such example is the request for the High Commissioner to prepare an “annual report on the question of the realization in all countries of economic, social and cultural rights, with a special focus on the realization of economic, social and cultural rights in the implementation of the 2030 Agenda for Sustainable Development”.

The Universal Period Review (UPR) mechanism of the Human Rights Council, which builds upon principles of universality, interdependence, indivisibility and interrelatedness of all human rights, is another important avenue through which the Council could contribute both to the HLPF thematic and country reviews. The basis of the HRC’s universal periodic review (UPR) is the UN Charter, the UDHR, ratified treaties by a state and voluntary pledges and commitments made by States. Like the HLPF, the intergovernmental, State-driven and action-oriented UPR process promotes universal coverage and equal treatment of all States. It engages member States in peer-to-peer reviews which are conducted in an objective, transparent, non-selective, constructive, non-confrontational and non-politicized manner based on objective and reliable information with the participation of all relevant stakeholders, including non-governmental organizations and national human rights institutions.

With its country, UN system and stakeholder reports as well as recommendations that cover all civil, political, economic, social and cultural rights, including the right to development, the Universal Periodic Review can serve as a comprehensive source of information. In the first two cycles of the UPR, various recommendations made referred to the attainment of the MDGs. Given the immediate linkage between the SDGs and human rights, the UPR may continue this practice and may increasingly consider SDG progress. UPR recommendations and voluntary commitments by the States would then contribute at the same time to the realisation of human rights and SDG progress. The HLPF could draw upon the outcomes of the UPR review and recommendations, which could be made searchable by SDG in the Universal Human Rights Index database, for its thematic review. In addition, countries could also consider referring to the information generated through the UPR process when preparing for their voluntary HLPF country presentations.

6.Policy recommendations on ways to accelerate progress for those at risk of being left behind

Adopt “no one left behind” as a lens through which the High Level Political Forum will assess SDG progress to “see the Goals and targets met for all nations and peoples and for all segments of society”, annually.
“Reaffirm the importance of the Universal Declaration of Human Rights, as well as other international instruments relating to human rights and international law” and “emphasize the responsibilities of all States, in conformity with the Charter of the United Nations, to respect, protect and promote human rights and fundamental freedoms for all, without distinction of any kind as to race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth, disability or other status.”
Adopt and adequately and fully implement laws, policies and regulations and national strategies that promote equality and non-discrimination which is in conformity with international and regional human rights standards.
Provide protection against direct and indirect discrimination in law as well as in practice and promote equality both in terms of opportunities and outcomes.
Adopt positive measures targeted at those furthest behind such as reservations, quota systems and/or schemes to address the structural drivers of multiple and intersecting forms of discrimination to secure both formal and substantive equality.
Put in place specific measures to tackle discrimination in all disaster recovery actions.
Create adequate institutions and mechanisms and promote social accountability to monitor and report on discrimination patterns.
Provide access to the justice system and put in place measures to reduce social, economic, and cultural barriers that hamper those furthest behind from accessing the justice system.
Use human rights education and training as well as awareness raising initiatives as a vehicle to address discrimination.
Ensure the full, effective and equal participation of all in political and public affairs, including by eliminating laws, regulations and practices that discriminate, directly or indirectly.
Combat the worrying trend of shrinking civil society space by investigating and pursuing accountability for all attacks and threats by State and non-State actors against human rights defenders and by publicly condemning all cases of violence, discrimination, intimidation and reprisals against human rights defenders.
Recognise that human rights violations, inequality and discrimination of all kinds, among others, are often the root causes of violent conflict and the rise of extremism and that human rights are central to addressing the underlying grievances that foster violent extremism and terrorism and must be protected countering terrorism.
Reaffirm that climate change is a common concern of humankind, and that Parties should, when taking action to address climate change, respect, promote and consider their respective obligations on human rights, the rights of indigenous peoples, local communities, migrants, children, persons with disabilities and people in vulnerable situations, as well as gender equality, empowerment of women and intergenerational equity.
Develop methodologies and tools to better monitor, assess and systematically combat the multiple and intersecting forms of discrimination faced by those left furthest behind.
Call upon states to invest in the disaggregation of data, which should be closely linked to the list of “prohibited grounds of discrimination” under international human rights law, and use data from non-traditional sources (including civil society).
Recall that data collection processes should uphold international human rights standards and allow for data disaggregation, participation of relevant stakeholders, self-identification when collecting certain sensitive data.
Recognize that gender equality is essential to achieve prosperity and a sustainable, equitable future for all, thus strive to make the implementation, follow-up and review of the 2030 Agenda gender-sensitive.

ANNEX

Note: This annex provides an overview of the work of the Human Rights Councils Work and its Special Procedures has carried out to ensure that population groups facing multiple and intersecting forms of discrimination are not being left behind. The purpose of the annex is to highlight some of the most critical work which the Council has done and should not be read as a comprehensive listing of all of the wide ranging actions which the Council has taken to fight discrimination against different population groups.

Victims of racism, racial discrimination, xenophobia and related intolerance

Fifteen years after the Durban Conference against Racism, Racial Discrimination, Xenophobia, and Related Intolerance, very little progress has been made in tackling racism, racial discrimination, xenophobia and related intolerance. Instead, the world has witnessed an alarming increase of hate and xenophobic speech across the globe. States continue to have discriminatory laws or restrictive interpretations of laws, policies and practices, which result in a de facto discrimination. Poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance, and contribute to the persistence of racist attitudes and practices which in turn generate more poverty. States should take this close correlation into consideration when they plan and implement policies and programmes for development, poverty eradication, and reducing social exclusion. The Human Rights Council has lead the review and follow-up to the Durban Conference and set up a number of special procedures and working groups to combat racism, racial discrimination, xenophobia and related intolerance. The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action is one of the three mechanisms established to follow up the Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, in 2001. Its mandate is to make recommendations with a view to the effective implementation of the Durban Declaration and Programme of Action. The working group has on several occasions reaffirmed that poverty, underdevelopment, marginalization, social exclusion and economic disparities are closely associated with racism, racial discrimination, xenophobia and related intolerance, and contribute to the persistence of racist attitudes and practices which in turn generate more poverty. The Working Group has in this regard constantly encouraged States to take this close correlation into consideration when they plan and implement policies and programmes for development, poverty eradication, and reducing social exclusion.

Ethnic, religious and linguistic minorities

National, ethnic, religious and linguistic minorities continue to experience deep inequalities. These inequalities threaten social cohesion, radicalise groups and create tensions which can in turn result in political unrest and violent conflict. The full realization of the rights of these minorities needs to be ensured, including by addressing their economic and social conditions and marginalization, as well as by addressing the multiple, aggravated and intersecting forms of discrimination against minorities. This will require taking appropriate action such as reviewing any legislation, policy or practice that has a discriminatory or disproportionately negative effect on persons belonging to national or ethnic, religious and linguistic minorities and securing access to formal justice.

The Human Rights Council has “emphasized the need for the full realization of the rights of persons belonging to national or ethnic, religious and linguistic minorities, including by addressing their economic and social conditions and marginalization, as well as to end any type of discrimination against them. It also emphasized the importance of recognizing and addressing multiple, aggravated and intersecting forms of discrimination against persons belonging to national or ethnic, religious and linguistic minorities and the compounded negative impact on the enjoyment of their r

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