40/79 Communications report of Special Procedures - Communications sent, 1 June to 30 November 2018; Replies received, 1 August 2018 to 31 January 2019
Document Type: Final Report
Date: 2019 Feb
Session: 40th Regular Session (2019 Feb)
Agenda Item: Item3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development
GE.19-02178(E)
Human Rights Council Fortieth session
25 February–22 March 2019
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 June to 30 November 2018;
Replies received, 1 August 2018 to 31 January 2019
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 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,
* Reissued for technical reasons on 20 February 2019.
** The present report is circulated as received.
United Nations A/HRC/40/79*
General Assembly Distr.: General 12 February 2019
English only
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 ...................................................................................................................................... 6
II. Statistics on communications and replies by mandate .................................................................... 10
III. Communications sent and replies received ...................................................................................... 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
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 June and 30 November 2018 and replies received
until 31 January 2019. Communications sent before 1 June 2018 are reported in A/HRC/39/
27, 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 August 2018 and 31 January 2019 relating to communications
sent by special procedures mandate holders before 1 June 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 314 communications were sent during this reporting period to 96 countries
and other non-State actors to which 144 replies were received from 62 countries and other
actors as listed below:
Name of countries Number of communications sent Replies received
Algeria 3 1
Argentina 3 3
Armenia 1 0
Australia 4 3
Bahrain 2 2
Bangladesh 4 0
Belgium 1 1
Brazil 9 6
Burundi 1 0
Cambodia 3 1
Cameroon 3 2
Canada 2 1
Chad 1 0
Chile 1 1
China 13 10
Colombia 3 2
Comoros 1 0
Cuba 1 1
Djibouti 1 1
Ecuador 2 2
Egypt 6 4
El Salvador 1 0
Eritrea 1 0
Ethiopia 1 0
France 4 4
Gabon 1 0
Gambia 1 0
Ghana 1 0
Guatemala 5 1
Haiti 3 0
Honduras 3 1
Hungary 4 1
India 8 0
Indonesia 2 2
Iran (Islamic Republic of) 5 2
Iraq 2 1
Ireland 1 1
Name of countries Number of communications sent Replies received
Israel 3 2
Italy 5 0
Japan 4 4
Jordan 2 0
Kazakhstan 3 3
Kenya 3 0
Kosovo 1 0
Kyrgyzstan 2 1
Latvia 1 1
Lebanon 2 1
Libya 2 0
Malaysia 4 1
Maldives 1 0
Malta 1 1
Mauritania 1 0
Mexico 10 4
Morocco 2 1
Mozambique 1 0
Myanmar 3 1
Nepal 4 0
Netherlands 1 1
Nicaragua 3 1
Niger 1 1
Nigeria 1 1
Other actors 35 10
Pakistan 5 4
Paraguay 2 1
Peru 2 0
Philippines 4 1
Poland 1 1
Republic of Korea 3 1
Romania 2 1
Russian Federation 10 9
Saudi Arabia 9 7
Sierra Leone 1 1
Slovakia 1 0
Somalia 1 0
South Africa 1 1
South Sudan 1 0
Spain 1 1
Name of countries Number of communications sent Replies received
Sri Lanka 4 0
Sudan 1 0
Switzerland 2 2
Syrian Arab Republic 3 0
Tajikistan 1 0
Thailand 1 1
Togo 2 2
Tunisia 1 1
Turkey 8 7
Turkmenistan 2 0
Uganda 4 1
Ukraine 3 1
United Kingdom of Great Britain and Northern Ireland 6 6
United Republic of Tanzania 2 0
United States of America 10 0
Uruguay 1 1
Venezuela (Bolivarian Republic of) 6 5
Viet Nam 5 1
Yemen 4 0
10. During the period, 35 communincations were also sent to ‘Other actors’, for e.g
businesses, international bodies, agencies and non-State actors to which 10 replies was
received.
11. These communications concerned 841 alleged identified victims of which 517 are
male, 165 are female and 159 others.
12. In preparing the statistics included in this report, uniform reporting periods have
been used, reflecting all communications sent between 1 June and 30 November 2018, and
responses received in relation to these communications up to 31 January 2019.
II. Statistics on communications and replies by mandate
Mandate
Reporting period:
1 June to 30 November 2018
Reporting period:
1 June 2006 to 30 November 2018
Communications
sent
replied to by 31
January 2019
response
rate#
Communicat
ions sent
replied to by 31
January 2019
response
rate#
African Descent 6 4 67% 39 25 64%
Albinism 1 0 0% 10 2 20%
Arbitrary Detention (+) 99 45 46% 1692 947 56%
Belarus* 0 0 0% 13 10 77%
Burundi ** 0 0 0% 6 0 0%
Business 35 15 43% 206 117 57%
Cambodia 10 2 20% 49 11 22%
Central African Republic 0 0 0% 1 0 0%
Cultural rights 6 3 50% 116 80 69%
Democratic People’s Republic of Korea 3 2 67% 15 6 40%
Disability 14 5 36% 74 48 65%
Disappearances (+) 25 6 24% 439 198 45%
Education 5 1 20% 98 63 64%
Environment 36 19 53% 140 76 54%
Eritrea 1 0 0% 7 3 43%
Executions 61 24 39% 1514 741 49%
Food 4 1 25% 263 115 44%
Foreign debt 3 3 100% 28 20 71%
Freedom of opinion and expression 130 61 47% 3246 1729 53%
Freedom of peaceful assembly and of
association
79 37 47%
1257 721 57%
Haiti ** 0 0 0% 13 3 23%
Hazardous substances*** 24 16 67% 155 94 61%
Health 43 20 47% 750 448 60%
Housing 17 11 65% 355 185 52%
Human rights defenders 122 62 51% 3454 1940 56%
Independence of judges and lawyers 27 20 74% 1236 687 56%
Indigenous peoples 32 15 47% 477 278 58%
Internally displaced persons 4 3 75% 42 21 50%
International order 3 2 67% 36 28 78%
International solidarity 5 1 20% 20 14 70%
Islamic Republic of Iran 4 2 50% 177 99 56%
Leprosy 1 0 0% 1 0 0%
Liberia ** 0 0 0% 2 0 0%
Mercenaries 12 6 50% 86 35 41%
Migrants 27 7 26% 328 202 62%
Minority issues 32 18 56% 328 188 57%
Myanmar 3 1 33% 121 62 51%
Older persons 2 1 50% 7 4 57%
Palestinian territories occupied since 1967 3 2 67% 56 14 25%
Poverty 5 2 40% 101 70 69%
Privacy 13 6 46% 45 33 73%
Racism 29 11 38% 186 107 58%
Religion or belief 25 12 48% 522 307 59%
Sale of children 2 1 50% 70 29 41%
Sexual orientation and gender identity 12 4 33% 30 16 53%
Slavery 8 3 38% 92 51 55%
Somalia 1 0 0% 21 6 29%
Mandate
Reporting period:
1 June to 30 November 2018
Reporting period:
1 June 2006 to 30 November 2018
Communications
sent
replied to by 31
January 2019
response
rate#
Communicat
ions sent
replied to by 31
January 2019
response
rate#
Sudan 0 0 0% 45 11 24%
Terrorism 43 27 63% 359 185 52%
Torture 81 33 41% 2388 1315 55%
Trafficking in persons 7 3 43% 95 52 55%
Truth, justice, reparation and guarantees of
non-recurrence
5 3 60%
67 38 57%
Unilateral coercive measures 3 1 33% 7 5 71%
Violence against women 18 6 33% 614 333 54%
Water and sanitation 24 12 50% 132 80 61%
Women in law and in practice 27 9 33% 294 139 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 June and 30 November 2018 and their
replies received until 31 January 2019. Also all replies received during
this period to communications sent before 1 June 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 31 December 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 36/32
Independent Expert on the situation of human rights in Central African Republic 39/19
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
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
Mandate title
Human Rights
Council
resolution
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 39/22
Independent Expert on the situation of human rights in Somalia 39/23
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
Mandate title
Human Rights
Council
resolution
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