Original HRC document

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Document Type: Final Report

Date: 2017 May

Session: 35th Regular Session (2017 Jun)

Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

GE.17-08410(E)



Human Rights Council Thirty-fifth session

Agenda items 3, 4, 7, 9 and 10

Promotion and protection of all human rights, civil,

political, economic, social and cultural rights,

including the right to development

Human rights situations that require the Council’s attention

Human rights situation in Palestine and other

occupied Arab territories

Racism, racial discrimination, xenophobia and related

forms of intolerance, follow-up to and implementation

of the Durban Declaration and Programme of Action

Technical assistance and capacity-building

Communications report of Special Procedures*

Communications sent, 1 December 2016 to 28 February 2017;

Replies received, 1 February to 30 April 2017

Joint report by the Special Rapporteur on adequate housing as a component of the

right to an adequate standard of living, and on the right to non-discrimination in this

context; the Independent Expert on the enjoyment of human rights by persons with

albinism; the Working Group of Experts on people of African descent; the Working

Group on arbitrary detention; the Special Rapporteur on the situation of human

rights in Belarus; the Special Rapporteur on the situation of human rights in

Cambodia; the Independent Expert on the situation of human rights in the Central

African Republic; the Special Rapporteur in the field of cultural rights; the

Independent expert on the promotion of a democratic and equitable international

order; the Special Rapporteur on the situation of human rights in the Democratic

People’s Republic of Korea; the Special Rapporteur on the rights of persons with

disabilities; the Special Rapporteur on the right to education; the Special Rapporteur

on the issue of human rights obligations relating to the enjoyment of a safe, clean,

healthy and sustainable environment; the Working Group on enforced or involuntary

disappearances; the Special Rapporteur on the situation of human rights in Eritrea;

* The present report is circulated as received.

United Nations A/HRC/35/44

General Assembly Distr.: General 24 May 2017

English only

the Special Rapporteur on extreme poverty and human rights; the Special

Rapporteur on the right to food; the Independent expert on the effects of foreign debt

and other related international financial obligations of States on the full enjoyment of

human rights, particularly economic, social and cultural rights; the Special

Rapporteur on the promotion and protection of the right to freedom of opinion and

expression; the Special Rapporteur on the rights to freedom of peaceful assembly and

of association; the Special Rapporteur on freedom of religion or belief; the

Independent Expert on the situation of human rights in Haiti; the Special Rapporteur

on the right of everyone to the enjoyment of the highest attainable standard of

physical and mental health; the Special Rapporteur on the situation of human rights

defenders; the Special Rapporteur on the independence of judges and lawyers; the

Special Rapporteur on the rights of indigenous peoples; the Special Rapporteur on the

human rights of internally displaced persons; the Special Rapporteur on the situation

of human rights in the Islamic Republic of Iran; the Working Group on the use of

mercenaries as a means of violating human rights and impeding the exercise of the

right of peoples to self-determination; the Special Rapporteur on the human rights of

migrants; the Special Rapporteur on minority issues; the Special Rapporteur on the

situation of human rights in Myanmar; the Independent Expert on the enjoyment of

all human rights by older persons; the Special Rapporteur on the situation of human

rights in the Palestinian territories occupied since 1967; the Special Rapporteur on

the right to privacy; the Special Rapporteur on contemporary forms of racism, racial

discrimination, xenophobia and related intolerance; the Special Rapporteur on the

sale and sexual exploitation of children, including child prostitution, child

pornography and other child sexual abuse material; the Special Rapporteur on

contemporary forms of slavery, including its causes and consequences; the

Independent Expert on the situation on human rights in the Sudan; the Special

Rapporteur on extrajudicial, summary or arbitrary executions; the Special

Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism; the Special Rapporteur on torture and other

cruel, inhuman or degrading treatment or punishment; the Special Rapporteur on the

implications for human rights of the environmentally sound management and disposal

of hazardous substances and wastes; the Special Rapporteur on trafficking in persons,

especially women and children; the Special Rapporteur on the promotion of truth,

justice, reparation & guarantees of non-recurrence; the Working Group on the issue

of human rights and transnational corporations and other business enterprises; the

Special Rapporteur on the negative impact of the unilateral coercive measures on the

enjoyment of human rights; Independent Expert on protection against violence and

discrimination based on sexual orientation and gender identity; the Special

Rapporteur on violence against women, its causes and consequences; the Working

Group on the issue of discrimination against women in law and in practice; and the

Special Rapporteur on the human rights to safe drinking water and sanitation.

Contents

Page

Abbreviations ................................................................................................................................... 4

I. Introduction ...................................................................................................................................... 7

II. Communications sent and replies received ...................................................................................... 12

Communications sent between 1December 2016 and 28 February 2017 and replies

received between 1 February and 30 April 2017 .............................................................................. 12

Appendix

Mandates of special procedures ....................................................................................................... 13

Abbreviations

African Descent Working Group of Experts on people of African descent

Albinism Independent Expert on the enjoyment of human rights by persons with albinism

Arbitrary detention Working Group on Arbitrary Detention

Belarus Special Rapporteur on the situation of human rights in Belarus

Burundi Special Rapporteur on the situation of human rights in Burundi

Business enterprises Working Group on the issue of human rights and transnational corporations and other

business enterprises

Cambodia Special Rapporteur on the situation of human rights in Cambodia

Central Africa Independent Expert on the situation of human rights in the Central African Republic

Côte d'Ivoire Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire in the

field of human rights

Cultural Rights Special Rapporteur in the field of cultural rights

Development Special Rapporteur on the right to development

Disability Special Rapporteur on the rights of persons with disabilities

Disappearances Working Group on Enforced or Involuntary Disappearances

Discrimination against

women

Working Group on the issue of discrimination against women in law and in practice

DPR Korea Special Rapporteur on the situation of human rights in the Democratic People’s Republic of

Korea

Education Special Rapporteur on the right to education

Environment Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a

safe, clean, healthy and sustainable environment

Eritrea Special Rapporteur on the situation of human rights in Eritrea

Extreme poverty Special Rapporteur on extreme poverty and human rights

Food Special Rapporteur on the right to food

Foreign debt Independent expert on the effects of foreign debt and other related international financial

obligations of States on the full enjoyment of human rights, particularly economic, social

and cultural rights

Freedom of expression Special Rapporteur on the promotion and protection of the right to freedom of opinion and

expression

Freedom of peaceful

assembly and of

association

Special Rapporteur on the rights to freedom of peaceful assembly and of association

Freedom of religion Special Rapporteur on freedom of religion or belief

Haiti

Hazardous substances and

wastes

Independent Expert on the situation of human rights in Haiti

Special Rapporteur on the implications for human rights of the environmentally sound

management and disposal of hazardous substances and wastes

Health Special Rapporteur on the right of everyone to the enjoyment of the highest attainable

standard of physical and mental health

Human rights defenders

Housing

Special Rapporteur on the situation of human rights defenders

Special Rapporteur on adequate housing as a component of the right to an adequate standard

of living, and on the right to non-discrimination in this context

Independence of judges

and lawyers

Special Rapporteur on the independence of judges and lawyers

Indigenous peoples Special Rapporteur on the rights of indigenous peoples

Internally displaced

persons

International order

Special Rapporteur on the human rights of internally displaced persons

Independent expert on the promotion of a democratic and equitable international order

International Solidarity Independent Expert on Human Rights and International solidarity

Iran Special Rapporteur on the situation of human rights in the Islamic Republic of Iran

Mali Independent Expert on the situation of human rights in Mali

Mercenaries Working Group on the use of mercenaries

Migrants Special Rapporteur on the human rights of migrants

Minority issues Special Rapporteur on Minority Issues

Myanmar Special Rapporteur on the situation of human rights in Myanmar

OPT Special Rapporteur on the situation of human rights in the Palestinian territories occupied

since 1967

Older persons Independent Expert on the enjoyment of all human rights by older persons

Privacy Special Rapporteur on the right to privacy

Racism Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and

related intolerance

Sale of children

Sexual orientation and

gender identity

Special Rapporteur on the sale and sexual exploitation of children, including child

prostitution, child pornography and other child sexual abuse material

Independent Expert on protection against violence and discrimination based on sexual

orientation and gender identity

Slavery Special Rapporteur on contemporary forms of slavery

Somalia Independent Expert on the situation of human rights in Somalia

Sudan Independent Expert on the situation of human rights in the Sudan

Summary executions Special Rapporteur on extrajudicial, summary or arbitrary executions

Terrorism Special Rapporteur on the promotion and protection of human rights and fundamental

freedoms while countering terrorism

Torture Special Rapporteur on torture and other cruel, inhuman or degrading treatment or

punishment

Trafficking Special Rapporteur on trafficking in persons, especially women and children

Truth justice, reparation &

guarantees on non-

recurrence

Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non-

recurrence

Unilateral coercive

measures

Special Rapporteur on the negative impact of unilateral coercive measures on the enjoyment

of human rights

Violence against women Special Rapporteur on violence against women, its causes and consequences

Water and Sanitation Special Rapporteur on the human right to safe drinking water and sanitation

Other abbreviations

AL Letter of allegation

JAL Joint letter of allegation

JUA Joint urgent appeal

UA Urgent appeal

I. Introduction

1. Special procedures are mandated by the Human Rights Council to report to it on

their activities (see Appendix).

2. In 2009, the sixteenth annual meeting of special procedures mandate holders

decided that a joint communications report would be prepared (cf. A/HRC/12/47, paras 24-

26), with this decision being reconfirmed by the seventeenth annual meeting of special

procedures in 2010 in order to avoid duplication, rationalize documentation, allow

examination of cross cutting issues and ensure that the content of communications and any

follow-up would feed into the universal periodic review mechanism more effectively.

Mandate holders decided that the report should contain summaries of communications and

statistical information (A/HRC/15/44, para. 26-27).

3. The Outcome of the review of the work and functioning of the Human Rights

Council calls on the Office of the High Commissioner for Human Rights to maintain

information on special procedures in a comprehensive and easily accessible manner, and

encourages the use of modern information technology to reduce the circulation of paper

(A/HRC/RES/16/21, Annex, paras. 29 and 60).

4. All short summaries of allegations communicated to the respective State or other

entity are made available on the Special Procedures communications website, link to which

is included in paragraph 10 of the present report. The communications sent and responses

received are also accessible electronically through hyperlinks. Communications are

reproduced in the language in which they were sent. Replies received in Arabic, Chinese or

Russian are included with translations into English, where available.

5. This website now reports all urgent appeals, and letters of allegations sent by

special procedures mandate holders between 1 December 2016 and 28 February 2017 and

replies received until 30 April 2017. Communications sent before 1 December 2016 are

reported in A/HRC/34/75, A/HRC/33/32, A/HRC/33/32 corr.1, A/HRC/32/53,

A/HRC/31/79, A/HRC/30/27, A/HRC/29/50, A/HRC/28/85, A/HRC/27/72, A/HRC/26/21,

A/HRC/25/74, A/HRC/24/21, A/HRC/23/51, A/HRC/22/67, A/HRC/22/67 corr.1 and

corr.2, A/HRC/21/49, A/HRC/20/30, A/HRC/19/44 and A/HRC/18/51 respectively are also

made available on the dedicated website.

6. Also as part of this report, the special procedures communications website also

includes replies received between 1 August 2016 and 31 January 2017 relating to

communications sent by special procedures mandate holders before 1 June 2016. Some of

these replies supplement information communicated earlier by the respective State.

7. The present report contains urgent appeals sent by the Working Group on Arbitrary

Detention and the Working Group on Enforced or Involuntary Disappearances and joint

urgent appeals sent by them together with other mandates. It does not contain other types of

communications issued by these mandates, which are processed according to their own

distinctive procedures, and are reported in the annual reports of these two working groups.

8. The names of some alleged victims have been obscured in order to protect their

privacy and prevent further victimization. Names of victims who would otherwise have

their identities protected are mentioned only when the individual concerned or their direct

family has expressly consented or requested to have his or her name in the public report. In

the original communications, the full names of the alleged victims were provided to the

Government concerned. Names of alleged perpetrators have systematically been darkened

in State replies to preserve the presumption of innocence.

9. In total 182 communications were sent during this reporting period to 58 countries

to which replies were received from 35 countries as listed below:

Name of countries Number of

communications sent

Replies received

Afghanistan 1 0

Algeria 4 4

Argentina 1 1

Australia 1 1

Azerbaijan 1 1

Bahrain 3 3

Bangladesh 3 1

Bolivia (Plurinational State of) 1 0

Brazil 3 1

Burundi 1 0

Cameroon 3 1

Canada 1 1

China 5 4

Colombia 1 1

Democratic Republic of the Congo 2 1

Ecuador 2 1

Egypt 4 2

El Salvador 1 0

Equatorial Guinea 1 0

Ethiopia 2 0

France 2 2

Gambia 1 0

Greece 1 1

Guatemala 2 1

Haiti 1 0

India 2 0

Iran (Islamic Republic of) 9 3

Iraq 1 0

Israel 2 0

Italy 1 1

Japan 1 1

Kazakhstan 2 2

Kenya 5 0

Lebanon 3 1

Libya 1 0

Malaysia 2 0

Malta 1 1

Mexico 1 0

Morocco 1 0

Myanmar 2 1

Nigeria 2 0

Norway 1 1

Pakistan 2 0

Philippines 4 1

Rwanda 1 0

Saudi Arabia 3 2

Serbia 1 0

South Sudan 1 0

Sri Lanka 1 1

Sudan 3 0

Thailand 1 1

Turkey 2 1

Ukraine 1 1

United Kingdom of Great Britain and

Northern Ireland

2 2

United Republic of Tanzania 1 0

United States of America 2 1

Uzbekistan 1 1

Viet Nam 2 1

10. These communications concerned 287 alleged victims of which 182 are male, 56 are

female and 49 others.

11. In preparing the statistics included in this report, uniform reporting periods have

been used, reflecting all communications sent between 1 December 2016 and 28 February

2017, and responses received in relation to these communications up to 30 April 2017.

Communications and replies by mandate

Mandate

Reporting period:

1 December 2016 to 28 February 2017

Reporting period:

1 June 2006 to 28 February 2017

Communications

sent

replied to by 30

April 2017

response

rate

Communications

sent

replied to by 30

April 2017

response

rate

African Descent 1 1 100% 22 14 64%

Albinism 0 0 0% 5 0 0%

Arbitrary Detention (+) 34 15 44% 1413 780 55%

Belarus* 0 0 0% 10 7 70%

Burundi** 0 0 0% 6 0 0%

Business 1 1 100% 86 48 56%

Cambodia 0 0 0% 31 6 19%

Central African Republic 0 0 0% 1 0 0%

Cultural rights 3 2 67% 76 55 72%

Democratic People’s Republic of Korea 0 0 0% 9 1 11%

Disability 7 3 43% 36 18 50%

Disappearances (+) 15 5 33% 361 161 45%

Education 4 3 75% 72 45 63%

Environment 5 2 40% 57 31 54%

Eritrea 0 0 0% 2 0 0%

Executions 20 6 30% 1297 625 48%

Food 2 1 50% 222 91 41%

Foreign debt 2 1 50% 21 12 57%

Freedom of opinion and expression 50 22 44% 2776 1462 53%

Freedom of peaceful assembly and of association 37 17 46% 1045 605 58%

Haiti 1 0 0% 12 3 25%

Hazardous substances*** 2 0 0% 74 46 62%

Health 21 9 43% 594 350 59%

Housing 7 5 71% 316 158 50%

Human rights defenders 47 21 45% 3038 1705 56%

Independence of judges and lawyers 2 0 0% 1148 630 55%

Indigenous peoples 10 4 40% 409 244 60%

Internally displaced persons 2 0 0% 24 10 42%

International order 2 1 50% 30 23 77%

International solidarity 0 0 0% 12 12 100%

Mandate

Reporting period:

1 December 2016 to 28 February 2017

Reporting period:

1 June 2006 to 28 February 2017

Communications

sent

replied to by 30

April 2017

response

rate

Communications

sent

replied to by 30

April 2017

response

rate

Islamic Republic of Iran 10 3 30% 147 79 54%

Liberia 0 0 0% 2 0 0%

Mercenaries 0 0 0% 73 28 38%

Migrants 13 9 69% 247 160 65%

Minority issues 11 5 45% 242 143 59%

Myanmar 2 1 50% 109 55 51%

Older persons 0 0 0% 2 2 100%

Palestinian territories occupied since 1967 1 0 0% 42 8 19%

Poverty 7 6 86% 66 49 74%

Privacy 0 0 0% 17 16 94%

Racism 6 5 83% 128 79 62%

Religion or belief 8 3 38% 443 267 60%

Sale of children 2 1 50% 61 23 38%

Sexual orientation and gender identity 0 0 0% 1 0 0%

Slavery 4 3 75% 46 27 59%

Somalia 0 0 0% 19 6 32%

Sudan 3 0 0% 36 6 17%

Terrorism 5 2 40% 283 134 47%

Torture 30 13 43% 2175 1179 54%

Trafficking in persons 2 0 0% 78 45 58%

Truth, justice, reparation and guarantees of non-

recurrence

1 1 100% 41 25 61%

Unilateral coercive measures 0 0 0% 2 2 100%

Violence against women 4 2 50% 540 289 54%

Water and sanitation 3 1 33% 85 55 65%

Women in law and in practice 6 3 50% 186 93 50%

(*) mandate re-established in June 2012, (**) mandate terminated, (***) mandate name changed from ‘toxic waste’

(+) These figures do not include communications on standard cases sent to Governments by the Working Group on arbitrary

detention and the Working Group on enforced or involuntary disappearances.

Please note: Totals are higher than the actual number of communications sent or replies received in the given period, as many

communications are sent jointly by two or more mandate holders.

II. Communications sent and replies received

Communications sent between 1 December 2016 and 28 February 2017

and their replies received until 30 April 2017. Also all replies received

during this period to communications sent before 1 December 2016

12. All communications and their replies are available through Special Procedures

communications website at the link

https://spcommreports.ohchr.org

Appendix

Mandates of special procedures (until 31 March 2017)

Mandate title

Human Rights

Council

resolution

Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context

34/9

Working Group of Experts on people of African descent 27/25

Independent Expert on the enjoyment of human rights of persons with albinism 28/6

Working Group on Arbitrary Detention 33/30

Special Rapporteur on the situation of human rights in Belarus 32/26

Special Rapporteur on the situation of human rights in Cambodia 30/23

Independent Expert on the situation of human rights in Central African Republic 33/27

Independent Expert on capacity-building and technical cooperation with Côte d’Ivoire 26/32

Special Rapporteur in the field of cultural rights 28/9

Independent expert on the promotion of a democratic and equitable international order 27/9

Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea

34/24

Special Rapporteur on the rights of persons with disabilities 26/20

Special Rapporteur on right to development 33/14

Special Rapporteur on the situation of human rights in Eritrea 32/24

Working Group on Enforced or Involuntary Disappearances 27/1

Independent expert on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of human rights, particularly economic, social and cultural rights

34/3

Special Rapporteur on the right to education 26/17

Special Rapporteur on the issue of human rights obligations relating to the enjoyment of a safe, clean, healthy and sustainable environment

28/11

Special Rapporteur on extreme poverty and human rights 26/3

Special Rapporteur on the right to food 32/8

Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression

34/18

Special Rapporteur on the rights to freedom of peaceful assembly and of association 32/32

Mandate title

Human Rights

Council

resolution

Special Rapporteur on freedom of religion or belief 31/16

Independent Expert on the situation of human rights in Haiti (Mandate formally closed by HRC President Statement : PRST 34/1)

PRST 25/1

Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health

33/9

Special Rapporteur on the situation of human rights defenders 34/5

Special Rapporteur on the independence of judges and lawyers 26/7

Special Rapporteur on the rights of indigenous peoples 33/12

Special Rapporteur on the human rights of internally displaced persons 32/11

Special Rapporteur on the situation of human rights in the Islamic Republic of Iran 34/23

Independent Expert on the situation of human rights in Mali 34/39

Working Group on the use of mercenaries 33/4

Special Rapporteur on the human rights of migrants 34/21

Special Rapporteur on minority issues 34/6

Special Rapporteur on the situation of human rights in Myanmar 34/22

Independent Expert on the enjoyment of all human rights by older persons 33/5

Special Rapporteur on the situation of human rights in the Palestinian territories occupied since 1967

5/1

Special Rapporteur on the right to privacy 28/16

Special Rapporteur on the promotion of truth, justice, reparation & guarantees of non- recurrence

27/3

Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance

34/35

Special Rapporteur on the sale and sexual exploitation of children, including child prostitution, child pornography and other child sexual abuse material

34/16

Special Rapporteur on contemporary forms of slavery 33/1

Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity

32/2

Independent Expert on human rights and international solidarity 26/6

Independent Expert on the situation of human rights in the Sudan 33/26

Independent Expert on the situation of human rights in Somalia 33/17

Special Rapporteur on extrajudicial, summary or arbitrary executions 26/12

Mandate title

Human Rights

Council

resolution

Special Rapporteur on the situation of human rights in the Syrian Arab Republic S-18/1

Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism

31/3

Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment

34/19

Special Rapporteur on the implications for human rights of the environmentally sound management and disposal of hazardous substances and wastes

27/23

Special Rapporteur on trafficking in persons, especially women and children 26/8

Working Group on the issue of human rights and transnational corporations and other business enterprises

26/22

Special Rapporteur on the negative impact of the unilateral coercive measures on the enjoyment of human rights

27/21

Special Rapporteur on violence against women, its causes and consequences 32/19

Working Group on the issue of discrimination against women in law and in practice 32/4

Special Rapporteur on the human rights to safe drinking water and sanitation 33/10