RES/38/3 Enhancement of international cooperation in the field of human rights

GE.18-11661(E)

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Human Rights Council Thirty-eighth session

18 June–6 July 2018

Agenda item 3

Resolution adopted by the Human Rights Council on 5 July 2018

38/3. Enhancement of international cooperation in the field of human rights

The Human Rights Council,

Reaffirming its commitment to promoting international cooperation, as set forth in

the Charter of the United Nations, in particular Article 1, paragraph 3, and relevant

provisions of the Vienna Declaration and Programme of Action, adopted at the World

Conference on Human Rights on 25 June 1993, for enhancing genuine cooperation among

Member States in the field of human rights,

Recalling General Assembly resolution 70/1 of 25 September 2015, entitled

“Transforming our world: the 2030 Agenda for Sustainable Development”, in which the

Assembly adopted a comprehensive, far-reaching and people-centred set of universal and

transformative Sustainable Development Goals,

Recalling also General Assembly resolution 41/128 of 4 December 1986, entitled

“Declaration on the Right to Development”, in which the Assembly stated that States have

the duty to cooperate with each other in ensuring development and eliminating obstacles to

development,

Recalling further General Assembly resolution 48/141 of 20 December 1993,

entitled “High Commissioner for the promotion and protection of all human rights”, in

which the Assembly recalled that one of the purposes of the United Nations enshrined in

the Charter is to achieve international cooperation in the promotion and encouragement of

respect for human rights,

Reaffirming General Assembly resolution 33/134 of 19 December 1978, entitled

“United Nations Conference on Technical Cooperation among Developing Countries”, in

which the Assembly endorsed the Buenos Aires Plan of Action for Promoting and

Implementing Technical Cooperation among Developing Countries,

Recalling all decisions and resolutions of the Commission on Human Rights, the

Human Rights Council and the General Assembly on the enhancement of international

cooperation in the field of human rights, the latest of which being Council resolution 35/8

of 22 June 2017 and Assembly resolution 72/171 of 19 December 2017,

Taking note with appreciation of the final document and declaration adopted at the

Seventeenth Conference of Heads of State or Government of Non-Aligned Countries, held

on Margarita Island, Bolivarian Republic of Venezuela, from 13 to 18 September 2016, in

which the States members of the Movement of Non-Aligned Countries reiterated, inter alia,

United Nations A/HRC/RES/38/3

that South-South cooperation is an important element of international cooperation for the

sustainable development of their peoples, as a complement to and not as a substitute for

North-South cooperation, which allows for the transfer of appropriate technologies, in

favourable conditions and on preferential terms,

Recalling the World Conference against Racism, Racial Discrimination, Xenophobia

and Related Intolerance, held in Durban, South Africa, from 31 August to 8 September

2001, and the Durban Review Conference, held in Geneva from 20 to 24 April 2009, and

the political declaration of the high-level meeting of the General Assembly to

commemorate the tenth anniversary of the adoption of the Durban Declaration and

Programme of Action, and their role in the enhancement of international cooperation in the

field of human rights,

Recognizing that the enhancement of international cooperation in the field of human

rights is essential for the full achievement of the purposes of the United Nations, including

the effective promotion and protection of all human rights,

Recognizing also that the promotion and protection of human rights should be based

on the principles of cooperation and genuine dialogue in all relevant forums, including in

the context of the universal periodic review, and be aimed at strengthening the capacity of

Member States to comply with their human rights obligations for the benefit of all human

beings,

Underlining that cooperation is a matter not only of relations of good-

neighbourliness, coexistence or reciprocity but also of a willingness to look beyond mutual

interests in order to advance the general interest,

Recognizing that the Movement of Non-Aligned Countries, in its Baku Declaration

of 6 April 2018, identified the need to promote unity, solidarity and cooperation among

States and pledged to strive to make a constructive contribution towards building a new

pattern of international relations based on the principles of peaceful coexistence,

cooperation among nations and the right to equality of all States,

Stressing the importance of international cooperation for improving the living

conditions of all in every country, including in particular in developing countries,

Recognizing the need to continue to mutually enrich South-South cooperation, based

on the diverse experiences of and good practices from South-South cooperation, triangular

cooperation and North-South cooperation, and to further explore complementarities and

synergies between them with the aim of enhancing international cooperation in the field of

human rights,

Determined to take new steps forward in the commitment of the international

community with a view to achieving substantial progress in human rights endeavours by an

increased and sustained effort of international cooperation and solidarity,

Recalling General Assembly resolution 60/251 of 15 March 2006, in which the

Assembly established the Human Rights Council, and reaffirming that the work of the

Council shall be guided by the principles of universality, impartiality, objectivity and non-

selectivity, constructive international dialogue and cooperation with a view to enhancing

the promotion and protection of all human rights, civil, political, economic, social and

cultural rights, including the right to development,

Recognizing that the enhancement of international cooperation and genuine dialogue

contributes to the effective functioning of the international human rights system,

Reiterating the role played by the universal periodic review as an important

mechanism contributing to the enhancement of international cooperation in the field of

human rights,

Recalling Human Rights Council resolution 6/17 of 28 September 2007, in which

the Council requested the Secretary-General to establish a universal periodic review

voluntary trust fund to facilitate the participation of developing countries, particularly least

developed countries and landlocked developing countries, in the universal periodic review

mechanism, and to establish also a voluntary fund for financial and technical assistance, to

be administered jointly with the universal periodic review voluntary trust fund, in order to

provide, in conjunction with multilateral funding mechanisms, a source of financial and

technical assistance to help States to implement recommendations emanating from the

universal periodic review in consultation with, and with the consent of, the State concerned,

Reaffirming that dialogue among and within religions, cultures and civilizations in

the field of human rights could contribute greatly to the enhancement of international

cooperation in this field,

Reiterating the important role that genuine human rights dialogue can play in the

enhancement of cooperation in the field of human rights at the bilateral, regional and

international levels,

Emphasizing that human rights dialogue should be constructive and based on the

principles of universality, indivisibility, objectivity, non-selectivity, non-politicization,

mutual respect and equal treatment, with the aim of facilitating mutual understanding and

strengthening constructive cooperation, including through capacity-building and technical

cooperation between States,

Recognizing that cultural diversity and the promotion and protection of cultural

rights are sources of mutual enrichment for the cultural life of humankind, and reaffirming

that cultural diversity represents a source of unity rather than division and a vehicle for

creativity, social justice, tolerance and understanding,

Emphasizing the need for further progress in the promotion and encouragement of

respect for human rights and fundamental freedoms through, inter alia, international

cooperation,

Underlining the fact that mutual understanding, dialogue, cooperation, transparency

and confidence-building are fundamental elements in all activities for the promotion and

protection of human rights,

Stressing the need to explore ways and means for enhancing genuine cooperation

and constructive dialogue among Member States in the field of human rights,

Noting that 2018 will mark the fortieth anniversary of the adoption of the Buenos

Aires Plan of Action,

1. Reaffirms that it is one of the purposes of the United Nations and also the

primary responsibility of States to promote, protect and encourage respect for human rights

and fundamental freedoms through, inter alia, international cooperation;

2. Recognizes that, in addition to their separate responsibilities to their

individual societies, States have a collective responsibility to uphold the principles of

human dignity, equality and equity at the global level;

3. Reaffirms the duty of States to cooperate with one another in accordance with

the Charter of the United Nations in the promotion of universal respect for and observance

of human rights and fundamental freedoms for all, including with respect to the elimination

of all forms of racial discrimination and all forms of religious intolerance;

4. Underlines the fact that States have pledged themselves to cooperate and act

in collaboration with the United Nations, in accordance with the Charter, for the

achievement of universal respect for and observance of human rights;

5. Reaffirms that States should realize their rights and fulfil their duties in such

a manner as to promote a new international economic order based on sovereign equality,

interdependence, mutual interest and cooperation among all States, as well as to encourage

the observance and realization of human rights;

6. Also reaffirms that dialogue among and within cultures and civilizations

facilitates the promotion of a culture of tolerance and respect for diversity, and welcomes in

this regard the holding of conferences and meetings at the national, regional and

international levels on dialogue among civilizations;

7. Urges all actors on the international scene to build an international order

based on inclusion, justice, equality and equity, human dignity, mutual understanding and

the promotion of and respect for cultural diversity and universal human rights, and to reject

all doctrines of exclusion based on racism, racial discrimination, xenophobia and related

intolerance;

8. Expresses its concern at the continued imposition of unilateralism and

unilateral coercive measures, which hinder the well-being of the population of the affected

countries and create obstacles to the full realization of their human rights;

9. Resolves to promote respect for and preserve cultural diversity within and

between communities and nations while respecting human rights law, including cultural

rights, with a view to creating a harmonious multicultural world;

10. Calls upon the international community to maximize the benefits of

globalization through, inter alia, the strengthening and enhancement of international

cooperation and global communications for the promotion of understanding and respect for

cultural diversity;

11. Reaffirms the importance of the enhancement of international cooperation for

the promotion and protection of human rights and for the achievement of the objectives of

the fight against racism, racial discrimination, xenophobia and related intolerance;

12. Considers that international cooperation in the field of human rights, in

conformity with the purposes and principles set out in the Charter and in international law,

should make an effective and practical contribution to the urgent task of preventing

violations of human rights and fundamental freedoms;

13. Reaffirms that each State has the inalienable right to choose freely and

develop, in accordance with the sovereign will of its people, its own political, social,

economic and cultural systems, without interference from any other State, in strict

conformity with the Charter;

14. Re-emphasizes that acts, methods and practices of terrorism in all its forms

and manifestations are activities aimed at the destruction of human rights, fundamental

freedoms and democracy, threatening the territorial integrity and security of States and

destabilizing legitimately constituted Governments, and that the international community

should take the steps necessary to enhance cooperation to prevent and combat terrorism;

15. Emphasizes the need to promote a cooperative and constructive approach to

the promotion and protection of human rights, and to further enhance the role of the Human

Rights Council in promoting advisory services, technical assistance and capacity-building

to support efforts to ensure the equal realization of all human rights and fundamental

freedoms, where appropriate;

16. Reaffirms that the promotion, protection and full realization of all human

rights and fundamental freedoms should be guided by the principles of universality, non-

selectivity, objectivity and transparency and the enhancement of international cooperation,

in a manner consistent with the purposes and principles set out in the Charter;

17. Emphasizes the importance of the universal periodic review as a mechanism

based on cooperation and constructive dialogue with the objective of, inter alia, improving

the situation of human rights on the ground and promoting the fulfilment of the human

rights obligations and commitments undertaken by States;

18. Also emphasizes the role of international cooperation in support of national

efforts and in raising the capacities of States in the field of human rights through, inter alia,

the enhancement of their cooperation with human rights mechanisms, including through the

provision of technical assistance, upon the request of and in accordance with the priorities

set by the States concerned;

19. Takes note of the annual update on the activities of the Board of Trustees of

the United Nations Voluntary Fund for Technical Cooperation in the Field of Human

Rights;1

1 A/HRC/37/79.

20. Requests the Office of the United Nations High Commissioner for Human

Rights to seek to enhance dialogue with representatives from non-traditional donor

countries with a view to broadening the donor base and to replenishing the resources

available to the funds;

21. Also requests the Office of the High Commissioner to make clear the process

by which States request assistance from the funds, and to process such requests in a timely

and transparent manner that adequately responds to the requesting States;

22. Urges States to continue to support the funds;

23. Calls upon States, specialized agencies and intergovernmental organizations

to continue to carry out a constructive and cooperative dialogue and consultations for the

enhancement of understanding and the promotion and protection of all human rights and

fundamental freedoms, and encourages non-governmental organizations to contribute

actively to this endeavour;

24. Calls upon States to further advance initiatives aimed at enhancing

international cooperation in the field of human rights on issues of common interest and

concern, bearing in mind the need to promote a cooperative and constructive approach in

this regard;

25. Urges States to take the measures necessary to enhance bilateral, regional and

international cooperation aimed at addressing the adverse impact of consecutive and

compounded global crises, such as financial and economic crises, food crises, climate

change and natural disasters, on the full enjoyment of human rights;

26. Recognizes that the response of the international community to pandemics

that constitute a threat to public health and to various natural disasters is an example to

follow in terms of solidarity and international cooperation;

27. Requests all Member States and the United Nations system to foster

complementarities among North-South, South-South and triangular cooperation aiming at

the enhancement of international cooperation in the field of human rights;

28. Requests the High Commissioner to prepare a report on the work of the

Office of the High Commissioner in the implementation and enhancement of international

cooperation in the field of human rights, proposing also possible ways to face the

challenges to the promotion and protection of human rights, including the right to

development, and to submit the report to the Human Rights Council at its forty-first

session;

29. Invites States and relevant United Nations human rights mechanisms and

procedures to continue to pay attention to the importance of mutual cooperation,

understanding and dialogue in ensuring the promotion and protection of all human rights;

30. Recalls that, in its resolution 72/171, the General Assembly requested the

Human Rights Council to consider further proposals for the strengthening of United

Nations action in the field of human rights through the promotion of international

cooperation and the importance of the principles of non-selectivity, impartiality and

objectivity, including in the context of the universal periodic review;

31. Decides to continue its consideration of the matter in 2018, in accordance

with its annual programme of work.

37th meeting

5 July 2018

[Adopted by a recorded vote of 28 to 14, with 3 abstentions. The voting was as follows:

In favour:

Angola, Burundi, Chile, China, Côte d’Ivoire, Cuba, Democratic Republic of

the Congo, Ecuador, Egypt, Ethiopia, Iraq, Kenya, Kyrgyzstan, Mongolia,

Nepal, Nigeria, Pakistan, Peru, Philippines, Qatar, Rwanda, Saudi Arabia,

Senegal, South Africa, Togo, Tunisia, United Arab Emirates, Venezuela

(Bolivarian Republic of)

Against:

Australia, Belgium, Croatia, Georgia, Germany, Hungary, Japan, Republic of

Korea, Slovakia, Slovenia, Spain, Switzerland, Ukraine, United Kingdom of

Great Britain and Northern Ireland

Abstaining:

Afghanistan, Brazil, Mexico]