39/27 Communications report of Special Procedures - Communications sent, 1 March to 31 May 2018; Replies received, 1 May to 31 July 2018

GE.18-14292(E)



Human Rights Council Thirty-ninth session

10–28 September 2018

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 March to 31 May 2018;

Replies received, 1 May to 31 July 2018

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

Expert on the enjoyment of human rights of persons with albinism; the Working Group on

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

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

business enterprises; the Special Rapporteur on the situation of human rights in Cambodia;

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

Special Rapporteur in the field of cultural rights; the Special Rapporteur on right to

development; 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 Working Group on Enforced or Involuntary Disappearances; 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 present report is circulated as received.

United Nations A/HRC/39/27

General Assembly Distr.: General 30 August 2018

English only

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

on extrajudicial, summary or arbitrary executions; 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 the implications for

human rights of the environmentally sound management and disposal of hazardous

substances and wastes; 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 Independent expert on

the promotion of a democratic and equitable international order; the Independent Expert on

human rights and international solidarity; the Special Rapporteur on the situation of human

rights in the Islamic Republic of Iran; the Special Rapporteur on the elimination of

discrimination against persons affected by leprosy and their family members; the

Independent Expert on the situation of human rights in Mali; 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 extreme poverty and human

rights; 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 freedom of religion or belief; the Special Rapporteur on the sale

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

other child sexual abuse material; the Independent Expert on protection against violence

and discrimination based on sexual orientation and gender identity; the Special Rapporteur

on contemporary forms of slavery; the Independent Expert on the situation of human rights

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

Special Rapporteur on the situation of human rights in the Syrian Arab Republic; 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 trafficking in

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

justice, reparation & guarantees of non-recurrence; the Special Rapporteur on the negative

impact of the unilateral coercive measures on the enjoyment of human rights; the Special

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

Rapporteur on the human rights to safe drinking water and sanitation; and the Working

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

Contents

Page

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

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

II. Statistics on communications and replies by mandate .................................................................... 11

III. Communications sent and replies received ...................................................................................... 13

Appendix

Mandates of special procedures ....................................................................................................... 14

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

Leprosy Special Rapporteur on the elimination of discrimination against persons affected by leprosy

and their family members

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

OL

Urgent appeal

Other letter

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 13 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 March and 31 May 2018 and replies received until

31 July 2018. Communications sent before 1 March 2018 are reported in A/HRC/38/54,

A/HRC/37/80, A/HRC/36/25, A/HRC/35/44, 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 and are also made available on the dedicated website.

6. As part of this report, the special procedures communications website also includes

replies received between 1 May and 31 July April 2018 relating to communications sent by

special procedures mandate holders before 1 March 2018. 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 174 communications were sent during this reporting period to 78 countries

and other non-State actors to which 66 replies were received from 39 countries and other

actors as listed below:

Name of countries Number of communications sent Replies received

Afghanistan 1 0

Angola 1 0

Argentina 2 1

Armenia 1 1

Azerbaijan 1 1

Bahrain 1 1

Belarus 1 1

Brazil 3 1

Burundi 1 0

Cambodia 2 0

Cameroon 2 0

Canada 1 0

Chile 1 0

China 6 5

Colombia 1 1

Congo 1 0

Cuba 2 0

Ecuador 1 1

Egypt 4 0

El Salvador 1 0

Ethiopia 1 0

France 4 3

Gabon 1 1

Germany 1 1

Guatemala 6 2

Haiti 1 0

Honduras 2 1

Hungary 2 1

India 9 0

Indonesia 2 1

Iran (Islamic Republic of) 3 0

Iraq 2 1

Israel 3 0

Italy 1 1

Japan 2 2

Kenya 3 0

Kosovo 1 0

Name of countries Number of communications sent Replies received

Kuwait 1 1

Lebanon 3 1

Madagascar 1 0

Malawi 1 0

Malaysia 1 1

Maldives 1 1

Mauritania 1 0

Mexico 4 0

Montenegro 1 0

Mozambique 1 0

Myanmar 1 0

Nicaragua 2 0

Norway 1 1

Oman 1 0

Other actors 26 13

Pakistan 1 0

Peru 1 0

Philippines 2 1

Poland 1 1

Republic of Korea 2 1

Russian Federation 7 5

Rwanda 1 0

Saudi Arabia 2 2

Slovakia 1 1

Spain 2 2

Sri Lanka 1 0

Sudan 2 1

Switzerland 2 1

Thailand 1 0

The former Yugoslav Republic of Macedonia 1 0

Tunisia 1 1

Turkey 2 0

Uganda 1 0

United Arab Emirates 2 1

United Kingdom of Great Britain and Northern

Ireland

3 2

United Republic of Tanzania 1 0

United States of America 7 0

Viet Nam 3 1

Yemen 1 0

Zambia 1 0

Zimbabwe 1 1

10. During the period, 26 communincations were also sent to ‘Other actors’, for e.g

businesses, international bodies, agencies and non-State actors to which 13 replies was

received.

11. These communications concerned 301 alleged identified victims of which 162 are

male, 45 are female and 94 others.

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

been used, reflecting all communications sent between 1 March and 31 May 2018, and

responses received in relation to these communications up to 31 July 2018.

II. Statistics on communications and replies by mandate

Mandate

Reporting period:

1 March to 31 May 2018

Reporting period:

1 June 2006 to 31 May 2018

Communications

sent

replied to by 31

July 2018

response

rate#

Communicati

ons sent

replied to by 31

July 2018

response

rate#

African Descent 2 1 50% 33 21 64%

Albinism 2 0 0% 9 2 22%

Arbitrary Detention (+) 26 10 40% 1593 893 56%

Belarus* 1 1 100% 13 10 77%

Burundi ** 0 0 0% 6 0 0%

Business 41 22 54% 171 101 59%

Cambodia 2 0 0% 39 9 23%

Central African Republic 0 0 0% 1 0 0%

Cultural rights 8 4 50% 110 76 69%

Democratic People’s Republic of Korea 1 1 100% 12 4 33%

Disability 7 3 43% 60 40 67%

Disappearances (+) 12 2 17% 414 190 46%

Education 1 0 0% 93 61 66%

Environment 15 3 20% 104 56 54%

Eritrea 0 0 0% 6 3 50%

Executions 34 10 29% 1453 717 49%

Food 26 15 58% 259 113 44%

Foreign debt 3 2 67% 25 16 64%

Freedom of opinion and expression 85 30 35% 3116 1658 53%

Freedom of peaceful assembly and of

association

23 7 30% 1178 682 58%

Haiti ** 0 0 0% 13 3 23%

Hazardous substances*** 39 19 49% 131 78 60%

Health 37 17 46% 707 422 60%

Housing 6 3 50% 338 172 51%

Human rights defenders 67 22 33% 3332 1873 56%

Independence of judges and lawyers 15 4 27% 1209 664 55%

Indigenous peoples 3 0 0% 445 261 59%

Internally displaced persons 3 0 0% 38 18 47%

International order 0 0 0% 33 26 79%

International solidarity 1 0 0% 15 13 87%

Islamic Republic of Iran 0 0 0% 173 97 56%

Liberia ** 0 0 0% 2 0 0%

Mercenaries 1 1 100% 74 29 39%

Migrants 15 4 27% 301 194 65%

Minority issues 6 0 0% 296 168 57%

Myanmar 1 0 0% 118 61 52%

Older persons 3 1 33% 5 3 60%

Palestinian territories occupied since 1967 3 0 0% 53 12 23%

Poverty 5 2 40% 96 66 69%

Privacy 6 3 50% 32 26 81%

Racism 7 2 29% 157 96 61%

Religion or belief 7 1 14% 497 293 59%

Mandate

Reporting period:

1 March to 31 May 2018

Reporting period:

1 June 2006 to 31 May 2018

Communications

sent

replied to by 31

July 2018

response

rate#

Communicati

ons sent

replied to by 31

July 2018

response

rate#

Sale of children 1 0 0% 68 28 41%

Sexual orientation and gender identity 3 3 100% 18 12 67%

Slavery 26 15 58% 84 48 57%

Somalia 0 0 0% 20 6 30%

Sudan 2 1 50% 45 11 24%

Terrorism 6 2 33% 316 155 49%

Torture 20 9 45% 2307 1277 55%

Trafficking in persons 7 1 14% 88 49 56%

Truth, justice, reparation and guarantees of

non-recurrence

3 1 33% 62 35 57%

Unilateral coercive measures 0 0 0% 4 4 100%

Violence against women 15 6 40% 596 326 55%

Water and sanitation 11 4 36% 108 67 62%

Women in law and in practice 14 4 29% 267 126 47%

(*) 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.

(#) fractions in percentage are rounded to the nearest whole number.

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.

III. Communications sent and replies received

Communications sent between 1 March and 31 May 2018 and their

replies received until 31 July 2018. Also all replies received during this

period to communications sent before 1 March 2018

13. 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 30 June 2018)

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 36/23

Independent Expert on the enjoyment of human rights of persons with albinism 37/5

Working Group on Arbitrary Detention 33/30

Special Rapporteur on the situation of human rights in Belarus 35/27

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 (Mandate formally closed by HRC President Statement PRST 35/1)

26/32

Special Rapporteur in the field of cultural rights 37/12

Independent expert on the promotion of a democratic and equitable international order 36/4

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 35/6

Special Rapporteur on right to development 33/14

Special Rapporteur on the situation of human rights in Eritrea 35/35

Working Group on Enforced or Involuntary Disappearances 36/6

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 35/2

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

37/8

Special Rapporteur on extreme poverty and human rights 35/19

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 35/11

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

Special Rapporteur on the elimination of discrimination against persons affected by leprosy and their family members

35/9

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 37/2

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

36/7

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 35/3

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

Mandate title

Human Rights

Council

resolution

Special Rapporteur on extrajudicial, summary or arbitrary executions 35/15

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

36/15

Special Rapporteur on trafficking in persons, especially women and children 35/5

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

35/7

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

36/10

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