Machine-readable formats: Plain text · JSON
Transcripts available through this tool are created by using automatic speech recognition and are not official records nor official documents of the United Nations. Official records and official documents are available on the Official Document System of the United Nations. Learn more
Audio no longer matches transcript
This transcript was made from an earlier 2h47m version of the audio that has since been shortened to 2h29m. Some parts may not match playback.
Excellencies, distinguished participants, I hereby declare open the 43rd meeting of the 63rd session of the Human Rights Council. We shall now continue taking action on draft resolutions. I've been informed that a number of resolutions are ready for adoption during this meeting, as shown on screen. All the PBIs received have been posted on the HRC portal. Excellencies, distinguished representatives, the Council will now consider draft resolution L.35 as orally revised, entitled Human Rights and Transitional Justice, and I give the floor to the distinguished representative of Switzerland to introduce the draft resolution.
President, I have the honour to introduce on behalf of Morocco, Switzerland and 45 co-sponsors, draft resolution L.35 as orally revised, entitled "Human rights and transitional justice". The text is based on the October 2022 resolution on the same subject, but deepens a number of important elements, such as: the main points of the report of the Office of the High Commissioner A/HRC/58/36, presented during the 58th session of the Council, which presented examples of good practice and lessons learned in the field of transitional justice in the context of peacekeeping and sustainable development, including Sustainable Development Goal number 16. The Concern that attempts to deny or justify crimes, including genocide, war crimes, ethnic cleansing, crimes against humanity, may undermine the fight against impunity as well as reconciliation and prevention efforts. The responsibility of states to combat impunity for gross violations of human rights. and serious violations of international humanitarian law, bearing in mind that impunity for such violations encourages recidivism, and the importance of collecting information on gross violations of human rights and serious violations of IHL and the principles to be followed. New technologies, artificial intelligence systems and social media, and their increasingly important place as tools for traditional justice activities, while also raising awareness of the risks associated with the deployment of new technologies in sensitive contexts, such as post-conflict and transitional justice situations, as well as the concerns that need to be addressed in this regard in terms of the safety and dignity of victims. Finally, L35 lays the foundations for a new OHCHR report, including one on how transitional justice processes can, where appropriate, help guide recovery and reconstruction efforts to include ensure that they are sustainable, inclusive and rights based. The report will be presented to the Council at its 69th session in September 2028 as part of an in-depth dialogue. The report is all the more urgent given the proliferation of conflicts around the world for more than a decade and the scale of the destruction and damage caused by these conflicts, which require considerable reconstruction and recovery efforts as well as development cooperation efforts. President L.35 as orally revised is the result of two readings, three open-ended informal consultations and several bilateral exchanges. We are confident that this is the best possible compromise on a subject that may, in fact, prove complicated for many States. We thank all delegations for their flexibility and constructive engagement throughout this process and look forward to its adoption by consensus. Thank you, President.
Okay, it was too long.
Thank you. I've been informed by the Secretariat that there are 27 additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Egypt, followed by Gambia. I beg your pardon, it's distinguished colleague from Cuba, followed by Gambia.
President, we welcome the presentation of L35. Transitional justice requires a comprehensive approach based on the fundamental pillars of truth, justice, reparation and guarantees of non-recurrence. We must always duly take into account the particularities of each case. There are no off-the-peg solutions. Transitional justice must contribute to reconciliation and peace, ensuring at the same time the rights and dignity of the victims. We support the call in the draft L35 for international assistance in transitional justice to be provided at the request of states and in cooperation with them. Transitional justice must not be used to justify selective, exclusive or politicized processes for reconstruction and recovery. It must be a process that respects the sovereignty of states. International mechanisms that are established under agreements among the parties must be guided by impartiality and respect for the historical context of each country. The support of Cuba to this resolution as a whole should not be interpreted as a change of our national position regarding the International Criminal Court in the preamble, paragraph 20. We are not a state party to the Statute of Rome and therefore do not recognize the Court's jurisdiction under Article 34 of the Vienna Convention on Treaty Law. Cuba supports the adoption by consensus of L35. I thank you.
Thank you. I give the floor to the distinguished representative of Gambia, followed by Chile.
Mr. President, The Gambia thanks the Co-Chairs, Switzerland and Morocco, for the consultations undertaken and the efforts made in the development of L35 on human rights and transitional justice. The Gambia's own experience with transitional justice has demonstrated the importance of a comprehensive and nationally owned process that places victims at its center and brings together truth, justice, reparations, institutional reform, reconciliation, and guarantees of non-recurrence. We therefore welcome the emphasis in the resolution on national ownership, context-specific approaches, victim participation, and the contribution of transitional justice to sustainable peace, development, and stronger institutions. National ownership also requires that transitional justice processes are understood and supported by the people they are intended to serve. This calls for sustained public awareness raising, inclusive engagement and accessible information so that victims, affected communities and the wider population understand the process and are able to participate meaningfully. We particularly underscore the importance of sustained international cooperation in supporting transitional justice processes, because these processes are long-term and institutionally demanding, particularly for LDCs. Their effective implementation requires adequate, predictable and sustainable financial and technical support, as well as capacity building for strong national institutions. In this regard, we also welcome the recognition that transitional justice should complement recovery and reconstruction efforts and should not delay the restoration of essential services and therefore look forward to the report in September. Drawing from our own continuing transitional justice process, The Gambia remains committed to advancing accountability, justice, reconciliation, and meaningful redress for the victims. With that, I am pleased to inform the Council that The Gambia supports L35 and encourages its adoption by consensus. Thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Chile, followed by Iceland.
Thank you, President. Actually, thanks to Switzerland and Morocco for leading this initiative and the open transparent process. As co-sponsors, we welcome it being based on resolution 5123 and taking up the recommendations from the report A/HRC/58/36 with the regional consultation for Latin America and the Caribbean It reaffirms that transitional justice with truth, justice, reparation and guarantees of non-recurrence contribute to peace and sustainable development, and that their effectiveness depends on victim-centred processes that must be participatory and have national ownership. We note the focus on grave violations and accountability and combating impunity, and the recognition of new technologies and artificial intelligence and contributing to searching for missing persons and truth. We welcome the fact that the text also looks at the risks of misuse in sensible contexts and the need to safeguard the safety and dignity of victims and witnesses. We note the new area of work on transitional justice in reconstruction, recovery and reconciliation. It must not be a condition for humanitarian assistance nor substitute it in a context marked by grave violations of human rights. Physical reconstruction and economic reconstruction efforts must also be part of the process. We look forward with interest to the report of the Office, and we have co-sponsored this resolution and look forward to its adoption by consensus. Thank you.
Thank you. I give the floor to the distinguished representative of Iceland, followed by India.
Thank you, Mr. President. Iceland thanks the core group for presenting draft resolution L35 and further work on this important text. Transitional justice rests on a simple truth, which is that societies cannot build lasting peace on unaddressed grievances over atrocities. Iceland therefore welcomes the resolution's continued emphasis on comprehensive, victim-centered and nationally owned processes, as well as the full, equal and meaningful participation of women, young people, victims' associations and civil society. We particularly welcome the new elements on documentation and on denial. Carefully preserved records of violations are foundational elements of accountability. Attempts to deny or justify grave crimes risk undermining both reconciliation and prevention. The resolution's attention to new technologies is another important element, as technology offers real promise when it comes to the search for missing persons, provided that the safety, privacy and dignity of victims and witnesses are protected. Iceland supports draft resolution L.35 and encourages the Council to adopt it by consensus. I thank you.
Thank you. I give the floor to the distinguished representative of India.
Thank you, Mr. President.
India attaches great importance to the promotion and protection of human rights and recognizes the crucial role that transitional
justice process can play in facilitating accountability, reconciliation, and sustainable peacebuilding.
We appreciate the efforts of the core group, excuse me, core group in steering the negotiations on this draft resolution, and we support the broader objectives it seeks to achieve in post-conflict con- contexts.
While my delegation is pleased to join the consensus on this resolution today, we wish to place on record our position regarding specific references in the text to the International Criminal Court mentioned in Preambular
paragraph 20, which India is not a party to. Accordingly, India would like to disassociate from Preambular paragraph 20. Further, we wish to reaffirm that India's commitments are shaped by the obligations it has undertaken under the
treaties to which it is a party. I thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Kenya.
Mr. President. Kenya welcomes the adoption by consensus of the resolution on human rights and transitional justice. Our support is informed by our own continuing national journey, which has demonstrated that transitional justice is a long-term process requiring a comprehensive and context-specific contribution of truth, justice, reparations, and guarantees of non-occurrence. It must also address root causes, strengthen institutions, and promote inclusion, and respond to the needs of victims and affected communities. We welcome the resolution's emphasis on national ownership, meaningful participation, gender-responsive, and the role of women and young people, documentation, psychosocial support, and the engagement of civil society and victims' associations. Mr. President, Kenya particularly emphasizes that national ownership must be accompanied by effective implementation. Truth-seeking processes should lead to practical remedies, including reparations, rehabilitation, institutional reform, and credible guarantees against non-recurrence. Their success depends on clear institutional responsibilities, adequate resources, appropriate monitoring, and sustained political commitment. We also welcome the reference to new technologies and artificial intelligence. These tools may support documentation, archival research, and the search for missing persons, but their use must protect privacy, dignity, security, informed consent, and the integrity of evidence. We support the request for the OHCHR's report and encourage an inclusive consultation process, drawing from the experience of States, practitioners, victims, national human rights institutions, and the civil society. Kenya joins the consensus on the draft resolution. In doing so, we understand the references to transitional justice strategies and mechanisms as requiring a context-specific, nationally owned, participatory approach consistent with applicable international law and respectful of due process. We further understand that the resolution does not establish a single model of transitional justice and that the implementation of its provisions remains subject to national circumstances, priorities and available resources. I thank you.
Thank you. I see no further requests for general comments. I've been informed by the Secretariat that there are PBIs for this draft resolution. and that the corresponding PBI oral statement has been made available on the HRC portal. I now give the floor to members of the Council who may wish to make explanation of vote before the vote on draft resolution L.35 as orally revised. I recognize the distinguished representative of Japan.
Thank you, Mr. President. We thank the core group and support the overall objectives of this resolution. Japan recognizes the importance of transitional justice in addressing serious human rights violations and abuses, ensuring accountability, providing remedies to victims, and promoting truth, justice, reparation, and guarantees of non-recurrence. In this spirit, Japan has decided to join the consensus on this resolution. At the same time, Japan wishes to state its position concerning the report A/HRC/58/36 referred to in this resolution, the report contains certain descriptions and findings that are not consistent with the position of the government of Japan. Japan therefore dissociates itself from operative paragraphs three and four and paragraphs 6B, 6G and 6H insofar as they refer to the aforementioned report or call upon states to consider taking action based on the report. Japan nevertheless joins the consensus in support of the overall objectives of this resolution while maintaining its position on the reference to the aforementioned report. I thank you.
Thank you. I see no further requests for explanation of vote before the vote. Is there a request for a vote? I see no requests. May I take it therefore that draft resolution L35 as orally revised may be adopted without a vote? It is so decided. The Council will now consider draft decision L37 as orally revised, entitled Open-ended Intergovernmental Working Group on an Optional Protocol to the Convention on the Rights of the Child on the rights to early childhood education, free preliminary education and free secondary education, established by Human Rights Council resolution 56/5. I now give the floor to the distinguished representative of Sierra Leone to introduce the draft text.
Thank you. Thank you very much, Mr. Persins. It is my pleasure and honour to present draft resolution L.37 as orally revised on behalf of the core group which includes Armenia, Bulgaria, Colombia, Cyprus, the Dominican Republic, Gambia, Kazakhstan, Kyrgyzstan, Malawi, Nauru, Panama, Romania, and my own country, Sierra Leone. The draft decision relates to the reporting obligation of the Open-Ended Intergovernmental Working Group, which was established pursuant to Human Rights Council resolution 56/5. The IGWG is mandated to explore the possibility of elaborating and submitting to the Human Rights Council an optional protocol to the Convention on the Rights of the Child, focusing on the right to early childhood education free pre-primary education and free secondary education. The draft decision acknowledges the report of the working group's initial session in September 2025 and the discussions held during its second session from the 31st of August to the 2nd of September this year. The decision aims to ensure continuity in this important process by requesting that the working group submit progress reports to the Human Rights Council at its June session, beginning with its 65th session. As the IGWG continues its work, the core group is of the view that sustained dialogue and cooperation are crucial to achieving every child's right to education. The present draft decision is procedural in nature. seeking to facilitate the continuation of the Council's mandated intergovernmental working process. This will enable the working group to advance its deliberation and provide the Council with regular progress updates pending the conclusion of its work. The text before us, Mr. President, is the result of constructive consultations and engagements with delegations. We held the necessary informal consultations and carefully considered the comments, the concerns and proposals put forward by delegations. This resulted in the early revised text presented to the Council today. We sincerely thank all delegations and stakeholders for their participation and valuable contributions throughout the process. In the spirit of consensus and continued cooperation, We respectfully request the Council's support for an adoption of draft resolution A/HRC/63/L.37. And I thank you, Mr. President.
Thank you. I've been informed by the Secretariat that there are six additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Cuba.
Thank you, President. We thank the authors of the resolution L37 for presenting it. Our support to this is in line with the high priority that Cuba affords to the full enjoyment of the right to education. Education is not just a driver and transformer of economic and social development, but also contributes comprehensively to the promotion and protection of human rights. Ensuring free, accessible, quality education from early childhood up to university for all Cubans is one of the main milestones of our country. At the global level, we are far from the full implementation of the right to education and with meeting SDG 4. It is alarming that 250 million children and young people do not go to school and that 150 million children are not registered in preschool. The legal and normative framework internationally on the right to education, while it is quite comprehensive, is not yet sufficient. Cuba supports adopting an optional protocol to the Convention on the Rights of the Child on the rights to early childhood education, free pre-primary education and free secondary education. We welcome the call in draft L37 for the working group to present reports on progress based from the 65th session. This will contribute to the progress of the group. We will continue to cooperate actively in a constructive spirit to the work of the working group in order to achieve this optional protocol as quickly as possible. We call on all members of the Council to adopt draft resolution L37 by consensus. Thank you, President.
Thank you. I see no further requests for general comments. I've been informed by the Secretariat that there are PBIs for this draft decision, and the corresponding PBI oral statement has been made available on the HRC portal. I now give the floor to members of the Council who may wish to make explanation of vote before the vote. I see no request. Is there a request for a vote? I see none. And therefore, may I take it that draft decision L37 as orally revised may be adopted without a vote. It is so adopted. The Council will now turn to draft resolution L.30, as orally revised, entitled "From rhetoric to reality: a global call for concrete action against racism, racial discrimination, xenophobia and related intolerance." I give the floor to the distinguished representative of Kenya on behalf of the African Group to introduce the draft text.
Mr. President, on behalf of the African Group, I have the honor to present the draft resolution L30 entitled, "From Rhetoric to Reality: A Global Call for Concrete Action Against Racism, Racial Discrimination, Xenophobia and Related Intolerance," submitted under this agenda item 9. At its 60th session, the Council adopted the previous iteration of this resolution by consensus. That outcome demonstrated the international community's shared commitment and political will to confront racism, racial discrimination, xenophobia and related intolerance. It also reaffirmed the importance of addressing the historical roots and continuing consequences of slavery, the slave trade, colonialism through reparatory justice. The African Group regrets that, despite all our efforts to preserve the spirit of unity, consensus has not been possible this year. This is particularly concerning as we commemorate the 25th anniversary of the DDPA, and at a time when racism and related intolerance continues to manifest themselves in increasingly serious ways. The African Group further regrets that, although the substance and objectives of the current text have not changed, Attempts were made to reopen language that had already been agreed in previous iterations, while risks undermining these risks undermining established understandings and weakening the continuity of the Council's work on this important agenda item. Mr. President, the resolution places before us renewed emphasis on recognition, justice and reparatory measures for Africans and people of African descent. It calls upon states and regions to engage with and support initiatives on reparatory justice. It also urges states that have not done so to address the legacies of slavery, the slave trade, and colonialism through a comprehensive range of measures, including formal apologies, truth-telling processes, and reparations in their various forms. In this regard, the resolution welcomes the adoption by the General Assembly on the 25th of March, 2026, the resolution on the declaration of trafficking of enslaved Africans and radicalized chattel enslavement of Africans as the gravest crimes against humanity and calls for its full implementation. This represents an important development in advancing recognition, justice, accountability and redress. The resolution further recognizes that racism is also reproduced through economic inequality, political exclusion, educational system and digital technologies. It therefore calls upon for comprehensive responses that address both direct discrimination and structural conditions that perpetuate it. The DDPA remains a central framework of this work. 25 years on after its adoption, our responsibility is not to retreat from these commitments, but to implement them more effectively, that we tackle both slavery, crimes against humanity that should have been done so a long time ago. For Africans and the people of African descent everywhere, the African Union's theme, justice for Africans and people of African descent through reparations, remains of critical importance and reinforces the meaningful engagement. In conclusion, Mr. President, The title of this resolution is a call to move from rhetoric to reality. We must not allow the progress achieved so far to be reversed or diluted. To this end, the African Group appeals to all members of the Council to join in consensus on this resolution and to support the resolution should it be subjected to a vote. Convergence on the anti-racism agenda should send a powerful signal of renewed political commitment, particularly in this anniversary year. I thank you, Mr. President.
Thank you. I've been informed by the Secretariat that there are four additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Pakistan, followed by Ethiopia.
Thank you, Mr. President. Pakistan welcomes the draft resolution contained in document L.30 and thanks the African Group for presenting this important initiative again. Pakistan has consistently supported the full and effective implementation of the Durban Declaration and Programme of Action, as well as the International Convention on the Elimination of All Forms of Racial Discrimination. These instruments remain the comprehensive global framework to address the scourge of racism, racial discrimination, and related intolerance. Draft resolution L/30 rightly centers the legacies of colonialism and the transatlantic slave trade. Pakistan commends the resolution's focus on the ad hoc committee on elaboration of complementary standards to the I-CERT, the Intergovernmental Working Group on the Effective Implementation of the DDPA, and other vital mandates. We note the contributions of these mandates to tangible progress under item 9 of the Council's agenda. Mr. President, we welcome the resolution's acknowledgment of the pernicious challenges posed by Islamophobia. We welcome the resolution's condemnation of the misuse of social media for the advocacy of national, racial or religious hatred and incitement to discrimination, hostility or violence. Negative stereotypes, stigmatization and discrimination based on religion remains an essential component of the fight against racism. The resolution's recognition that digital technologies and the digital divide can exacerbate racial and ethnic inequalities is also timely. We encourage states to ensure that the development and governance of these technologies mitigate their discriminatory impacts. Adoption of this resolution, Mr. President, would demonstrate the international community's sustained political will to maintain the momentum against systemic racism at the policy and institutional levels. We therefore support draft resolution L.30 and urge the Council to adopt it by consensus, as it did only last year at the 60th session. If put to a vote for any reason, Pakistan would vote in favor. Thank you.
Thank you. I give the floor to the distinguished representative of Ethiopia, followed by South Africa.
Thank you, Mr. President. Ethiopia attaches particular importance to this initiative and welcomes the continued efforts to strengthen the international response to racism, racial discrimination, xenophobia and related intolerance. We reaffirm our unwavering commitment to the promotion and protection of human rights and fundamental freedoms for all, without distinction. We recognize the Durban Declaration and Programme of Action as an important framework for addressing racism and racial discrimination, and believe that its 25th anniversary provides an opportunity to translate long-standing commitments into concrete and meaningful action. We welcome the draft resolution's emphasis on moving from rhetoric to reality, including through addressing structural and systematic discriminations, inequalities, access to education and justice, and other factors that perpetuate racial discrimination. Ethiopia particularly welcomes the attention given to Africans and people of African descent, as well as to migrants, refugees and other communities affected by racism and related intolerance. We also underscore the importance of strengthening the relevant United Nations mechanisms and ensuring that they receive adequate and sustainable resources to effectively fulfill their mandates. We further welcome the emphasis on the Second International Decade for People of African Descent, which provides an important opportunity to advance concrete measures in the areas of recognition, justice and development. Mr. President, Ethiopia appreciates the constructive efforts of Member States in advancing this important draft resolution. We believe that our collective efforts to combat racism should continue to be guided by dialogue, cooperation, equality and respect for human dignity. We therefore call upon all esteemed members of the Council to support the draft resolution and its adoption by consensus. Should the resolution be put to a vote, Ethiopia urges all esteemed members of the Council to vote in favor of the resolution. Thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of South Africa, followed by Cuba.
Mr. President, 25 years ago, when the world leaders converged on South Africa's shores in Durban for the World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, They did so with a full understanding and belief that the end of apartheid did not signal the end of racism and racial discrimination. In fact, they were determined to continue to fight until racism ceases to define a person's place in society and the world. In this regard, they took the opportunity to reaffirm that slavery, the slave trade, colonialism, and racism are fundamentally repugnant. For South Africa, this reaffirmation contained in the Durban Declaration and Programme of Action heralded a new internationalism marked by a determination to unite in action to repair the gross damage that was caused in the past. In this context, the DDPA provided a clear roadmap to build a world rooted in equality, dignity and justice. For us, the adoption by the General Assembly of the Declaration on the Trafficking of Enslaved Africans and the Racialized Chattel Enslavement of Africans as the gravest crime against humanity is consistent with these aspirations and gives renewed force to the demand for the reparatory justice. Similarly, the recently adopted UN General Assembly resolution to correct the map, rebalancing global Cartographic representation and promoting a more equitable representation of the world's regions will go a long way in correcting the distortions and wrongs of the past. We therefore pay tribute to Ghana and Togo for these landmark initiatives. We also salute Kenya for leading us in negotiations that sought to build consensus and seek justice for people who know what it means to be a victim of rabid racism and racial discrimination. In conclusion, Mr. President, we hope the Council will rally behind the text before us with a full knowledge and understanding that nobody ever chose to be a slave, to be colonized, to be racially discriminated. Once again, we need to reaffirm that these crimes were not just an affront to humanity, but that they were abhorrent. We are living at a time when those that advocate for racial superiority have become emboldened to spread their vile and inhumane beliefs. Our common humanity should once again propel us to work together, rather than create the impression that we are divided, in defeating the consequences of slavery, the slave trade, colonialism, and the unabating scourge of racism. I thank you.
Thank you. I give the floor to the distinguished representative of Cuba, followed by Egypt.
Thank you very much, President. We are grateful to Kenya and the African Group for presenting draft resolution L.30, which Cuba supports. 25 years on from its adoption, the Durban Declaration and Programme of Action continues to be the cornerstone of the fight against discrimination, racial discrimination, xenophobia and any related intolerance. Much has been achieved, but abhorrent discriminatory practices and racist practices remain, particularly in developed countries. Cuba reaffirms its support to the various mandates proposed by this draft resolution, whose implementation we will continue to contribute to actively. We support the appeal set out in the document to the OHCHR to continue to provide the necessary resources for the effective functioning of the follow-up Durban mechanisms. We also back the request to States to step up efforts to implement the resolution on the Declaration on the Enslaved African Trafficking, formally recognized by the UN as a crime against humanity, and the most serious one, in fact. Resolution 80250 cannot become simply dead letters. Cuba advocates to establish a comprehensive reparation framework to provide a remedy to the violations committed against Africans and persons of African descent. Reparation must include a full and formal apology, restitution measures, compensation, rehabilitation, and guarantees of non-reoccurrence. Cuba reaffirms its steadfast commitment to the implementation of the resolution and the DDPA. Our country calls for an adoption of this document by consensus. We call for the adoption of document 63L.30. Thank you very much, sir.
Thank you. I give the floor to the distinguished representative of Egypt, followed by Estonia.
Mr. President, Egypt supports draft resolution L.30, presented by the African Group. Combating all forms of discrimination remains a longstanding national priority, as demonstrated by Egypt's presentation of one of the earliest General Assembly resolutions addressing persecution and discrimination, dating back to 1946. At its core, this year's draft resolution concerns humanity. It advances a shared objective to eradicate racism and discrimination in both their traditional and contemporary forms, fully acknowledging the gravity of historical injustices and their enduring consequences, building on the adoption of the historic resolution declaring the trafficking of enslaved Africans as the gravest crime against humanity. This objective has become more pressing amid the alarming rise of racism and xenophobia, along with the spread of Islamophobia and hate speech. Our response must be unequivocal. No form of racism is acceptable, and no victim of discrimination deserves less protection than another. Mr. President, Egypt calls on all members of the Council to adopt this draft resolution by consensus, as we successfully did last year. Principles so fundamental to human rights should not remain a source of division within this Council. We all share a collective responsibility to safeguard the achievements of successive generations in defending human dignity. Reparatory justice and addressing the injustices of the past are inseparable from our shared responsibility towards the present and future. I thank you.
Thank you. I give the floor to the distinguished representative of Estonia, followed by China.
Thank you, Mr. President. I have the honor to speak on behalf of the European Union member states that are members of the Human Rights Council. This statement has been agreed by the EU as a whole. The European Union reaffirms its steadfast commitment in the fight against racism, racial discrimination, xenophobia, and related intolerance. The EU anti-racism strategy clearly spells out the concrete ways in which we fight this scourge in the European Union, and we remain committed to furthering the multilateral anti-racism agenda. The EU lives up to this commitment also by taking part and engaging actively and constructively with all anti-racist mechanisms of the HRC. Too many individuals around the world are discriminated against on the basis of their race and ethnicity. This requires concerted action to enhance the impact of our anti-racism efforts, as called for by the title of this resolution, a call which we share. The EU and its Member States acknowledge the lasting consequences of colonialism, slavery and the transatlantic slave trade, and reaffirm the importance of continued engagement with all relevant stakeholders in the fight against structural racism and discrimination. The European Union confirms its commitment to engage with the African Group and the wider membership on such important issues. In such spirit, the EU shared during negotiations many textual proposals that have not been included in the resolution. The EU remains convinced of the importance of this issue and recognizes more work is needed to advance this agenda in a satisfactory manner. In line with this approach, if this resolution is called to a vote, the EU voting members of this Council would abstain, remaining committed to constructively engage going forward. I thank you.
Thank you. I give the floor to the distinguished representative of China, followed by Brazil.
Mr. President, 25 years ago, the Durban Declaration and Programme of Action set out a noble goal.
Of eliminating all forms of racism.
The international community has since then made positive progress in the fight against racism. At the same time, frequent acts of incitement to racial discrimination and religious hatred continue to occur. In some Western countries, Ethnic minorities, including people of African descent, still face systemic discrimination. Looking ahead, the international community must uphold the spirit of DDPA, build strong synergy, and work together.
To build a world where all people are equal.
China is a supporter and active practitioner of the DDPA.
China stands ready to work with all.
Countries to eliminate racism and racial discrimination and to build a community with a shared future for mankind. In view of the foregoing, China will join the consensus on draft resolution L30. If the draft is put to a vote, China will vote in favor. Thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Brazil.
Mr. Chairman, I'll be very brief. I don't have a text before me, but I would just like to stress the importance of this resolution and urge all delegations to do as my own country, Brazil, and vote in favor of it if it's put to a vote.
Thank you.
I see no further request for general comments. I've been informed by the secretariat that there are PBIs for this draft proposal, and that the corresponding PBI oral statement has been made available on the HRC portal. I now give the floor to members of the Council who wish to make an explanation of vote before the vote. I give the floor to the distinguished representative of the UK.
Thank you, Mr. President. It is appalling that in 2026, we are still grappling with the scourge of racism, a blight on all our societies. Racism is not an abstract phenomenon. These are not just words. Growing up, my own childhood was marked by verbal abuse, physical violence, and a hatred driven solely by the color of my skin. This is a world that I have now long left behind. but it is a world, indeed, often worse, in which millions still live. The UK and I personally thank the Africa Group for bringing forward this resolution and pay particular tribute to South Africa for their principled leadership in keeping the fight against racism high on the international agenda. We are committed to combating racism and racial discrimination, xenophobia and related intolerance in all their forms. The UK fully acknowledges the devastating tragedy of the transatlantic slave trade and recognises that its legacy continues to shape lives, communities and societies around the world today. The UK believes that only by acknowledging and discussing collectively the most painful elements of the history that we share with other nations, including the transatlantic slave trade, can we come together in a spirit of solidarity and mutual respect to respond to the challenges that we all face today. The UK remains committed to that goal. However, the United Kingdom has longstanding legal concerns regarding several provisions in this resolution relating to reparations, as we have stated before in this Council and at the General Assembly. They rest on the principles of intertemporality and non-retroactivity, which are essential to legal certainty and the rule of law. Those principles are of general applicability in various fields of international law and have been used to determine questions of sovereignty, border disputes, the interpretation of treaty obligations and court jurisdiction. Undermining these principles in one place has far reaching consequences in many others. We were also unable to join consensus on the resolution adopted in UNGA on the 25th of March, referenced in this resolution, and refer to the position we set out when that resolution was adopted. Lastly, the historic concerns over antisemitism surrounding the Durban conference also remain. We want to put on record that, while we support the text of the DDPA, we condemn the antisemitic comments that were made by some at the time. For those reasons, the United Kingdom will call a vote on the resolution and abstain. But please, let me be clear. We remain committed to the vast areas of common ground on this agenda. We remain grateful to the Africa Group for keeping the agenda alive, and we look forward to continued partnership and dialogue on this important topic. Thank you.
I give the floor to a distinguished representative of Japan, followed by the Netherlands.
Thank you, Mr. President. Japan expresses its appreciation to the African group for its efforts to present this draft resolution and its constructive engagement throughout the negotiations. Reaffirming the spirit of the 2001 Durban Conference, Japan pays tribute to the efforts of all states and individuals that have worked in good faith over the past 25 years through the Durban processes to uphold and advance unity against racism. All States must continue to take concrete measures to combat and eliminate all forms of racism, radical racial discrimination, xenophobia and related intolerance. At the same time, while the last iteration of this resolution was adopted without a vote, As we pointed out during the consultations, my delegation notes that certain new elements of this resolution, such as those based on the General Assembly resolution 80/250, raise legal concerns. Japan considers that such matters should be addressed with due care and in accordance with established international legal framework. For these reasons, Japan has decided to abstain from voting. Japan remains committed to promoting and protecting the human rights of all individuals and will continue its efforts to… and every form of discrimination and to realize freedom and equality for all in accordance with international law, including international human rights law. In this regard, we will continue to engage constructively with the relevant mechanisms, including those mandated by this Council. I thank you.
Thank you. I give the floor to the distinguished representative of the Netherlands.
Thank you, Mr. President. The Kingdom of the Netherlands remains firmly committed to addressing racism and discrimination. The fight against racism goes hand in hand with our collective and resolute fight against anti-Semitism, anti-Muslim hatred, and all other forms of discrimination. We share the importance the African Group attaches to the lasting consequences of slavery and the transatlantic slave trade. We fully recognize the profound injustice of this history and its continued impact today. In December 2022, the Prime Minister of the Kingdom of the Netherlands made formal apologies for the actions of the Dutch state to enslave people in the past who suffered as a consequence of those actions everywhere in the world, as well as to all their descendants up to the present day. In July 2023, His Majesty King Willem-Alexander apologized for the Netherlands' slavery past. Mr. President, as a member of the European Union, we engaged constructively in the negotiations on this resolution and appreciated the efforts to bring forward this important initiative. And we sincerely regret that no agreement could be reached on a formulation that addresses key legal and substantive concerns. The Kingdom of the Netherlands cannot support references suggesting the retroactive application of international law, including a purported obligation to provide reparations or welcoming in an earlier resolution that introduced a hierarchy among crimes against humanity. For these reasons, and despite the importance we attach to the subject matter, my delegation will abstain on this resolution. And once again, the Kingdom of the Netherlands remains firmly committed to addressing racism and discrimination and will continue to engage on this important topic. Thank you.
Thank you. I see no further request for explanation of vote before the vote on L.30 as orally revised. At the request of the delegation of the United Kingdom, the Council will now proceed to a recorded vote on draft resolution L.30 as orally revised. I now ask the Secretary to open the voting machine and request all delegations to register their votes. I request all delegations to check whether their vote is accurately reflected on screen. And for those who would like to record it on their handheld device. I now ask the Secretariat to close the voting machine, and the voting is now closed. The results of the recorded votes are as follows: 30 in favour, 37 abstention and none against. Draft resolution L30 as orally revised is therefore adopted. A copy of the results will be posted shortly on the HRC portal. Excellencies, distinguished representatives, the Secretary had reminded me that I made a mistake in announcing the numbers. So it should be 37 in support. 30 in support, 17 abstention.
30 yes.
Yes.
17 abstention.
Okay. So I stand corrected. It's 30 in support and 17 abstention. Okay. Thank you very much, and I apologize for the mistake. Excellencies, distinguished representatives, we now turn to explanations of vote after the vote on both resolutions adopted under agenda item 9. I give the floor to the distinguished representative of South Africa.
Thank you, Mr. President. We welcome the adoption of the resolution L.30 entitled, "From Rhetoric to Reality: A Global Call for Concrete Action Against Racism, Racial Discrimination, Xenophobia and Related Intolerance." We are, however, disappointed that the Human Rights Council has not been able to reach consensus on the draft. It is unfortunate that we have reached this point following an open process of informal consultations that sought to bridge the differences related to reparations and reparatory justice in this draft resolution that was now adopted. If anything, the resolution provided a possibility for states to reach out and find common ground on what is an important imperative to take the discourse on reparations forward through concrete global action. Today's developments represent a reversal of the historic progress we made last year in the fight against the scourge of racism and racial discrimination when we adopted the 2025 iteration of the resolution by consensus. Last year, we showed the world that, through political will, States could converge in the anti-racism struggle. We believe this aspiration is still realizable in the future. Mr. President, let me reiterate what we said earlier today. At a time when those that advocate for racial superiority have become emboldened to spread their violent inhumane beliefs, this council needs a common approach to addressing racism. Thank you.
Thank you. I see no further request for explanation of vote after the vote under agenda item nine. I give the floor to the distinguished representative of Kenya.
Mr. President, I take the floor to first reiterate and join and align the statement just made by South Africa, this statement. And in my capacity of being the chair rapporteur of the Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action, I just want to restate that it is a bit disheartening that we have had to go for a vote. And maybe just to remind everybody that every generation inherits a world shaped by the choices of those before it. We owe it unto the next generation that we can be the best, can give them the best of our very choices moving forward. Hopefully that this situation obtaining today will be the last in this Council when it comes to this matter. I thank you, Mr. President.
Thank you. Are there for the request for explanation or vote after the vote under agenda item 9? I see none. The council will therefore now consider draft resolution L14 entitled cooperation with Georgia. And I give the floor to the distinguished representative of Georgia to introduce the draft text.
Thank you, Mr. President. I have the honor to introduce the draft resolution entitled Cooperation with Georgia, which draws Council's attention to the continued and deteriorating human rights and humanitarian situation in Georgia's Abkhazia and Tskhinvali regions. We highly value the consensus achieved on last year's resolution and would appreciate maintaining a consolidated stance of the international community. The illegal occupation of Georgia's Abkhazia and Tskhinvali regions by the Russian Federation has continued for decades, while Russia's military aggression against Georgia in August 2008 further rooted its military presence and effective control over these territories. The Russian Federation bears full international legal responsibility for the human rights infringements and grave violations. Occupation and de-fecting control exercised by Russia both before and after 2008 August war over Georgia's Abkhazia and Tskhinvali regions has been definitively attested by landmark decisions of European Court of Human Rights and the ICC. The human rights situation remains deeply troubling in both occupied regions. The population continues to face arbitrary detentions, restrictions on freedom of movement, closure of the so-called crossing points, violations of property rights, torture and ill-treatment, and systematic ethnic discrimination, including restrictions on education in the Georgian language. Justice has still not been served for the deprivation of lives of David Basharuli, Kigaut Khosoria, Archil Tatonashvili, Tamaz Ginturi, Vitalik Irbaya and Irakli Kvaratskhelia. The persistent impunity for such grave violations remains a serious concern. No progress has been made on the safe, voluntary and dignified return of hundreds of thousands of IDPs and refugees. Today, Russia continues to disregard the EU-mediated 12 August 2008 ceasefire agreement and pursues a policy aimed at further integrating Georgia's occupied regions into its political, legal, military, and economic systems, with the ultimate objective of their de facto annexation. The clear demonstration of this policy is the recent so-called treaty on developing a light cooperation between Russian Federation and Skhinovali occupation regime and so-called presidential elections held in occupied Tskhinvali region, as well as operation of Russian state Duma polling stations on Georgia's both occupied regions. The resolution, therefore, once again calls for immediate and unimpeded access for the Office of the High Commissioner and other international and regional human rights mechanisms to Georgia's occupied territories. Despite repeated appeals, such access continues to be denied by the occupying power. The EU Monitoring Mission, the only international mechanism on the ground mandated under the EU-mediated ceasefire agreement, is likewise denied access to these territories. We thank all delegations for their engagement in the drafting process and for their co-sponsorship, and hope that the resolution will be adopted by consensus, reiterating Council's stance on protecting the values and standards at the core of this resolution. I thank you very much.
Thank you. I've been informed by the secretariat that there are 26 additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Estonia, followed by the UK.
Thank you, Mr. President. I have the honor to speak on behalf of the European Union member states that are members of the Human Rights Council, and this general comment has been agreed by the European Union as a whole. The European Union welcomes that Georgia again presents draft resolution L14, cooperation with Georgia. We welcome Georgia's continuing cooperation with the Office of the High Commissioner to implement its international human rights law obligations. During the session, the EU encouraged Georgia to address the deeply concerning human rights situation in the country, aligning its policies with international standards and engaging in constructive dialogue to restore faith in its institutions. In the present resolution, Georgia demands immediate and unimpeded access for the OHCHR and international and regional human rights mechanisms to the Georgian regions of Abkhazia and Tsinvali, South Ossetia, to assess human rights protection needs of the population. To our deep regret, despite repeated calls by the Council since 2017, such access has not yet been granted. The European Union reiterates its firm support to the territorial integrity of Georgia within its internationally recognized borders. The EU hopes this resolution will be adopted by consensus and, if a vote is called, urges all members of this Council to vote in favour. I thank you.
Thank you. I give the floor to the distinguished representative of the United Kingdom, followed by Japan.
Thank you, Mr. President.
The UK thanks Georgia for presenting this resolution again. We reaffirm our support for Georgian sovereignty and self-determination, and recognise that for 18 long years Georgian territory has been occupied by an aggressor state. Russia's unlawful occupation of Abkhazia and South Ossetia has defied international law and denied ethnic Georgians their basic human rights. The occupation must end. We call on Russia to withdraw its forces, reverse its recognition of these so-called independent regions, and open the door to international human rights monitors, in line with its 2008 ceasefire obligations. We support the adoption of this resolution and support the continued monitoring of human rights by OHCHR on developments in the entire territory of Georgia. We recognize the constructive approach taken by Georgia in presenting this resolution and asking for technical support from OHCHR. We hope that the Council can adopt it by consensus. Thank you.
Thank you. I give the floor to the distinguished representative of Japan.
Thank you, Mr. President. Japan thanks the distinguished delegate of Georgia for their efforts in presenting the draft resolution L14, titled Cooperation with Georgia. We appreciate Georgia's transparent and constructive approach during the informal consultation and its updates to the text to reflect the developments since the previous resolution adopted last year. We commend Georgia's continued commitment to addressing the human rights challenges in Abkhazia and in the Tsimvali region of South Ossetia. as well as its cooperation with international human rights mechanisms, including OHCHR, to protect and promote human rights in these regions. Japan believes it is crucial to ensure Georgia's sovereignty, independence, and territorial integrity. From this perspective, we support this resolution as a traditional co-sponsor. We remain supportive of Georgia's ongoing efforts and encourage all delegations to join consensus. I thank you.
Thank you. I see no further requests for general comments. I've been informed by the Secretariat that the RPBI's for this draft resolution L14 and that the required resources have already been included in the proposed program budget. I now give the floor to members of the Council who wish to make explanation of vote before the vote. I give the floor to the distinguished representative of Cuba, followed by China.
President, HUBA supports the international cooperation activities and those for technical assistance and capacity building at the request of concerned States and with their consent to complement national efforts to promote and protect human rights. Item 10 was included in the agenda of the Council with a noble goal. It should not be instrumentalised for political ends. The Human Rights Council does not have a mandate to get involved in issues relating to peace and security internationally or in territorial disputes. Where a vote is called for under L.14, The Cuban delegation will maintain its traditional position on this resolution, which addresses controversial issues. If a vote is not called for, the Cuban delegation wishes to record that it disassociates itself from the consensus on L14. since it does not share the text's focus. Our country cannot be considered as a participant in this consensus. I conclude by reiterating that Cuba continues to uphold technical assistance and capacity building to support States in human rights as a key component of the mandate of the Council. I thank you, President.
Thank you. I give the floor to the distinguished representative of China.
Mr. Chair, China thanks to co-sponsors for the extensive engagement and consultations with all parties on resolution L14 and for listening to their views. China has always been supportive HRC and OHCHR in stepping up their efforts in human rights technical assistance and capacity building. and in playing a constructive role in national human rights causes. At the same time, China reiterates that HRC's proceedings should follow the principles of universality, impartiality, objectivity, non-selectivity, and non-politicization. We note with regret that this resolution has introduced a great deal of controversial substance that exceed The scope of human rights technical assistance and capacity building in China calls on all parties to address differences in the fields of human rights through constructive dialogue and cooperation. Considering the above, China will not take part in the consensus of draft resolution L14.
We request that this be taken note in the report.
Thank you, Mr. Chair.
I see no further request for explanation of vote before the vote on draft resolution L14. Can I therefore ask if there is a request for a vote? I see no such requests. May I take it therefore that draft resolution L14 may be adopted without a vote? It is so decided. The Council will now consider draft resolution L/16, entitled "Technical assistance and capacity building to address the human rights implications of the nuclear legacy in the Marshall Islands." I give the floor to the distinguished representative of Samoa to introduce the draft text.
Mr. President, and good morning, everybody. I have the honor to present the draft resolution L/16, "Technical assistance and capacity building to address the human rights implications of the nuclear legacy in the Marshall Islands. On behalf of the core group of Pacific Island states, namely the Federated States of Micronesia, Fiji, Kiribati, Marshall Islands, Nauru, Papua New Guinea, Vanuatu, and my own country, Samoa. The Marshall Islands is an island country near the equator in the Pacific Ocean, just west of the international dateline. It is rich in culture with its own language known as the Kajin Majel, with a population of over 40,000 people spread over 29 coral atolls with 1,156 islands and islets, and a diaspora of over 30,000 people. Although small in size, it occupies around 2 million square kilometers of the Pacific Ocean. Indeed, the Pacific Island countries are geographically similar with the Marshall Islands, and we stand in solidarity. with them in prioritizing the addressing of the nuclear legacy issues in the Pacific. Mr. President, the past cannot change. However, a better future for the Marshall Islands and its people must be guaranteed. The Marshall Islands did not ask to be placed under the UN trusteeship. They did not ask for their islands to be used as a nuclear weapon test site. And they certainly did not agree to the devastating human rights consequences that they have been forced to endure for the last 80 years. Yes, Mr. President, 80 years, that is how long this legacy has affected the Marshall Islands. And the fact that we are here today should remind the United Nations of its continuing duty to the people of the Marshall Islands. The technical assistance sought from this Council aims to assist the Marshall Islands in its pursuit of truth, justice, reparation, guarantees of non-recurrence, and memorialization. The draft resolution further urges a One UN approach, and it does not do so lightly. After 80 years, the Human Rights Council is a beacon of hope for the Marshall Islands to finally move the UN to acknowledge its share of responsibility and to take meaningful, coordinated action to address the human rights implications of this legacy. Mr. President, the core group held three informal consultations. The text before us is a result of our efforts to find common ground. On behalf of the core group of Pacific Island States, I would like to thank all States, our co-sponsors, civil society organizations, and all stakeholders for their time, attention, and constructive engagement throughout the consultations. We call upon the Council to adopt draft resolution L16 by consensus, supporting the request for technical assistance and capacity building to address the human rights implications of the nuclear legacy and the Marshall Islands. I thank you very much, Mr. President.
Thank you. I've been informed by the Secretariat that there are 12 additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Indonesia.
Thank you, Mr. President. Indonesia is pleased to co-sponsor the draft resolution L.16, presented by the Marshall Islands and the Core Group. Our support reflects our genuine solidarity with the Marshallese people in their enduring pursuit of justice for the intergenerational human rights consequences of nuclear testing. This tragic legacy continues to threaten their lives, health and livelihoods today and tomorrow. The Marshallese people deserve truth, justice, reparation and guarantees of non-recurrence. These rights must be fulfilled without further delay. Indonesia therefore supports the continuation of the OHCHR's technical assistance and capacity building to the Marshall Islands in pursuing transitional justice. Mr. President, as a state party to the Treaty on the Prohibition of Nuclear Weapons, Indonesia reaffirms its unwavering commitment to a world free of nuclear weapons. The suffering of the Marshallese people highlights the grave dangers nuclear weapons pose to humanity. No strategic interest can justify the suffering inflicted on innocent people across generations. The tragedy endured by the Marshallese people must never be repeated. To this end, Indonesia calls on the Council to adopt this important draft resolution by consensus. Thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Cuba, followed by South Africa.
President, Cuba. Thanks to the authors for presenting draft resolution L16. These many nuclear tests by the USA in the Marshall Islands leave a devastating environmental burden. The text takes up the conclusions of the Council's special procedures and the report of the Office of the High Commissioner, pointing to the the consequences of the nuclear test, which persist in health, the environment, in subsistence, and in the cultural heritage of the nation. As the test points out, the Marshallese people still have faced obstacles in accessing justice, which perpetrates and aggravates the damage. This year, it is eight decades since the nuclear tests, and the victims are still awaiting justice. The Council must continue to follow up this situation. Justice begins with truth. The US Government must declassify all of the information on the nuclear tests and assume the responsibilities, including reparations, full and effective reparations to victims. Cuba will continue to support the legitimate claims for justice by the Marshall Islands people. the Human Rights Council and the Office of the High Commissioner should provide the necessary technical assistance to the Marshall Islands in order to address the repercussions of the nuclear tests on the human rights of the population. Cuba supports draft resolution L.16 and calls on members of the Council to support its adoption by consensus. I thank you.
Thank you. I give the floor to the distinguished representative of South Africa.
Mr. President, South Africa takes the floor to provide general comments in support of resolution L.16. In so doing, my delegation pays tribute to Tony de Brum. As a young boy, he was a witness to the nuclear tests carried out at Bikini Atoll and their devastating aftermath, which 80 years later remains ever present in the lives of the people of the Marshall Islands. Given this experience, Tony led the Marshall Islands' fight for nuclear justice, and Ambassador DeBroom, his daughter, has continued to champion this cause here in Geneva. This is embedded in the resolution before us, which South Africa has co-sponsored. Indeed, not only have the people of the Marshall Islands been robbed of their loved ones, together with their ancestral lands, which remain contaminated, but their bodies still carry the enduring scars. As Africans, we know too well the suffering caused by the nuclear tests conducted on our continent in Algeria and the specter of the apartheid government's nuclear weapons program. The ongoing tragedy of this nuclear legacy should therefore serve as a salutary reminder to urgently establish a nuclear weapons-free world, especially today when the words of the UN Secretary-General, "nuclear saber-rattling has reached a fever pitch." As the only country in the world to have voluntarily destroyed its nuclear arsenal, South Africa has always viewed the catastrophic human rights and humanitarian consequences of a nuclear weapons detonation, whether by accident, miscalculation, or design, to be at the very center of our disarmament efforts. These consequences transcend national borders, cannot be adequately addressed, and beyond the impact on current and future generations, pose grave repercussions for human survival more broadly. Accordingly, South Africa, together with like-minded states and civil society, has been at the forefront of ensuring that nuclear weapons are never tested, manufactured or used again under any circumstances, as this is the only way that we can mitigate against these horrific effects. These efforts have culminated, among others, in the entry into force of the Treaty on the Prohibition of Nuclear Weapons, which the majority of UN Member States have signed, and whose first-ever review conference South Africa will chair in December. South Africa therefore calls on the Council to adopt L16 by consensus. We owe it to all victims, and their families, some of whom are here with us today, to ensure that we save future generations from the unacceptable suffering that they still confront. Komal Tata, I thank you.
I see no further requests for general comments, and I now give the floor to the distinguished representative of the concerned country, Marshall Islands.
Thank you, Mr. President. Draft resolution L.16 speaks to the lived experiences of the people of the Marshall Islands. When we share our stories on the nuclear legacy, it is often a difficult and painful conversation. There are some that would prefer silence and that we forget. However, justice does not work this way in our culture. We are forgiving people. Yet that forgiveness requires correctness,. It requires the nuclear legacy to be cleansed,. This is where we see the important link between transitional justice and our pursuit of nuclear justice. What we have endured disrespects our rights and dignity. To deal with this painful past, to address our human rights challenges, and to have a better future for our people, we need truth, justice, reparation, guarantees of non-recurrence, and memorialization. We also need help. We cannot do this alone. Between 1946 and 1958, while under a UN trusteeship, the United States of America conducted 67 known nuclear weapons tests in the Marshall Islands. To this day, we have displaced communities longing to return to their ancestral lands and people living in toxic environments, including beside a nuclear waste dump. We have lost so many loved ones to cancer and sickness. Our people have suffered enough. We have endured these struggles for far too long. It has been 80 years. We need a better future for our people. Those responsible for this legacy consider this matter settled. We, the people of the Marshall Islands, are still suffering, and we continue to contest this view. A settlement that we had to accept for our freedom cannot be considered final, and without truth, there can be no justice. A wise man by the sea once said, "There can be no closure without full disclosure." Mr. President, the nuclear legacy has taken too much from us. In the last 10 years, I've lost too many close family members to cancer or severe unknown illnesses. I am one of many, a drop in a sea of struggle. This legacy will continue unless we find a way to set matters right. We therefore ask the Council to continue to stand with the people of the Marshall Islands in our efforts to overcome the human rights implications of the nuclear legacy and to adopt draft resolution L/16 by consensus. Komal Dada and I thank you.
Thank you. I've been informed by the secretariat that there are PBIs for this draft resolution. And the corresponding PBI oral statement has been made available on the HRC portal. And I now give the floor to members of the council who wish to make explanation of vote before the vote on draft resolution L16. I give the floor to the distinguished representative of France.
Thank you, President. I'm making this statement on behalf of the United Kingdom of Northern Ireland and Great Britain and my own country, France. I would like to start out by thanking the Permanent Mission of the Republic of the Marshall Islands. for their constructive contribution throughout this session. France and the UK fully recognize the seriousness and the sensitivity of the challenges that the inhabitants of the Marshall Islands faced following the nuclear tests, which occurred between 1946 and 1958. For that reason, and in homage to the spirit prevailing in the Marshall Islands. Both countries joined the consensus on draft resolution L16 in addition to previous resolutions of the Human Rights Council. I would also like to recall that both countries have been the first amongst the nuclear weapons states to sign and ratify the full prohibition treaty of nuclear testing. With great regret, both countries would like to respectfully point out that various elements in the resolution L16 and the documents cited therein, including the report of the OHCHR, do not provide any new contributions to knowledge on this topic or necessarily reflect consensus-based positions. We believe that other bodies, such as the Scientific Committee on the Effects of Atomic Radiation of the UN and the IAEA, which has already conducted in-depth tests on the ground, have the appropriate expertise to provide advice. We welcome the efforts undertaken by the USA and the Marshall Islands to tackle this historical legacy, and we hope that this issue will be resolved through bilateral negotiations and that the OHCHR will fully, duly take into account these bilateral negotiations. Once again, we would like to thank the Marshall Islands for their ongoing commitment to us on this resolution. Thank you very much.
Thank you. I give the floor to the distinguished representative of Pakistan.
Mr. President, Pakistan expresses its solidarity with the Marshall Islands and recognizes the gravity of the challenges in the enjoyment of human rights faced by its people. as a result of environmental contamination and health hazards emanating from several nuclear tests. At the same time, we believe that the Human Rights Council is not the appropriate forum that could meaningfully contribute to addressing the suffering of the people of the Marshall Islands. Moreover, the Office of the UN High Commissioner for Human Rights does not possess the requisite capacity to provide technical guidance on matters related to nuclear radiation and resulting environmental or health challenges. We remain of the view that these issues should be brought to the relevant technical agencies to explore options for technical assistance. Mr. President, we must also be clear about a matter of principle. Item 10 exists for technical assistance and capacity building extended only upon request and with the consent of the state concerned. It is not a vehicle for bilateral political grievances or the pursuit of claims against third states. As resolution L.16 has been tabled by a core group, including the Marshall Islands itself, and the constructive approach of the penholders to accommodate the range of views expressed during consultations, Pakistan remains willing to join consensus. We do so in line with our principled position that technical assistance and country-specific engagement proceed only with the consent of the country concerned. Our decision is without prejudice to our position regarding the irrelevance of the subject matter and the appropriateness of this forum for such discussions. We request that our position be duly reflected in the report of this session, and I thank you.
Thank you. I see no further request for explanation or vote before the vote on L16. Is there a request for a vote? I see none. May I therefore take it that draft resolution L16 may be adopted without a vote. It is so decided. The Council will now consider draft resolution L.31 entitled "Technical assistance and capacity building in the field of human rights in the Central African Republic." I give the floor to the distinguished representative of Kenya on behalf of the African Group, followed by the Central African Republic.
Mr. President, I have the honor to offer, on behalf of the African group, to present the draft resolution L31, entitled "Technical Assistance and Capacity Building in the Field of Human Rights in the Central African Republic" under agenda item 10. The principal objective of the resolution is to support continued technical assistance and capacity building for the Central African Republic in the field of human rights, while extending for one year the mandate of the independent expert on the situation of human rights in that country. The African Group reiterates the importance of agenda item 10, which provides a valuable framework for constructive engagement and cooperation in support of national efforts to promote and to protect human rights. The Group recognizes the progress reflected in the resolution, including advances in national ownership, accountability, civilian protection, institutional strengthening, peacebuilding, justice and reconciliation in the Central African Republic. We welcome the constructive engagement of all delegations throughout the consultations, which has contributed to improving the text and strengthening the relevance to the current situation. We encourage continued support for a consensual outcome that advances the objectives of the resolution and responds to the priorities identified by the country concerned. I now invite the distinguished delegation of the Central African Republic, as the country concerned, to continue with the presentation of this resolution. I thank you.
Thank you.
On behalf of the African Group, I would like to take the floor, well, on my own behalf, in my capacity as a concerned country. My delegation welcomes draft resolution L31, which reflects a balanced assessment of the developments of the situation in our country by recognizing the progress made, whilst at the same time taking account of the difficulties that remain. The CAR has pursued decisively the peace consolidation process, the strengthening of the rule of law and democratic institutions, as well as actions taken in favour of justice, the fight against impunity and the protection of human rights. This impetus is happening at an important time in the country, which has been marked by pursuing the electoral cycle and the request and the desire of the authorities to gradually consolidate the achievements made in recent years. Our country remains aware of the path to be followed, and thus it is against this backdrop that the assistance from the international community is highly relevant. To be fully effective, it must meet the needs expressed by the CAR, strengthen capacity building and enable institutions to gradually and fully discharge their duties. It is in that spirit that we are planning to put forward this resolution and the pursuit of our cooperation with the OHCHR, the independent expert and all the various stakeholders. We would like this commitment to make it possible to consolidate national institutions, to support promotion and protection mechanisms for human rights, and, above all, to reflect the commitments taken on and to reflect these in specific outcomes for the benefit of the people of the C.A.R. We very much hope that the responsibility that has guided this process will conclude with a consensus-based adoption. The CAR therefore calls upon the members of the Human Rights Council to adopt resolution L.31 by consensus. I thank you, sir.
Thank you. I've been informed by the Secretariat that there are six additional co-sponsors. And I now give the floor to members of the Council who wish to make general comments. I see no requests for general comments. I've been informed by the Secretariat that there are PBIs for this draft proposal and that the corresponding PBI oral statement has been made available on the HRC portal. And I now give the floor to members of the Council who may wish to make explanation of vote before the vote. I see no such requests. Is there a request for a vote? I see none. May I take it, therefore, that draft resolution L31 may be adopted without a vote. It is so decided. the council will now consider draft resolution l33 entitled technical assistance and capacity building for Yemen in the field of human rights and I give the floor to distinguished representative of Iraq on behalf of the group of Arab states to introduce the draft text you have to floor
you should have fun ah
I am honored to present the draft resolution entitled "Technical Assistance and Capacity Building for Yemen in the Field of Human Rights." in L33 on behalf of the Arab states. This draft resolution reflects our keenness to continue support to Yemen and promote international cooperation in the field of human rights to contribute to building national institutions in Yemen. The draft resolution stresses importance of Yemen's sovereignty, independence, unity, and territorial integrity. It also sheds light on the importance of dialogue and constructive cooperation and providing technical assistance and building capacities. This should be in line with the national priorities and needs of Yemen. The draft resolution also reflects the importance of continuing efforts geared towards improving the human rights situation and the situation of national institutions to protect stability and to alleviate the suffering of the Yemeni people. In this context, We stress that it is important to continue cooperation between the Government of Yemen and the OHCHR to build national capacities in the field of human rights. We hope that this draft resolution will be supported by all delegations and that it will be adopted by consensus. Thank you, Mr. President.
Thank you. I have been informed by the Secretariat that there are one additional co-sponsor. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Estonia.
Thank you, Mr. President. I have the honor to speak on behalf of the European Union member states that are members of the Human Rights Council. This general comment has been agreed by the EU as a whole. The European Union welcomes the government of Yemen and the core group presenting the resolution again. However, we express profound disappointment with the text under consideration today. The continued abuses and violations against the Yemeni people demands this Council's full attention and a dedicated dialogue. It requires independent monitoring of ongoing human rights violations and full accountability in the interest of victims and survivors. Like previous years, throughout negotiations, we have once again made constructive proposals aligned with the spirit of the text. These enjoyed cross-regional support and were presented openly, yet the core group repeatedly rejects them without solid justification. Our proposals represent the minimum appropriate response to Yemen's situation and standard Item 10 resolution. The restored elements included in this resolution text between 2011 and 2018, always with the consent of the Government of Yemen. Mr. President, the EU strongly condemns the continued arbitrary detention by the Houthis of UN personnel, NGO staff and diplomatic personnel. We welcome the call for their immediate and unconditional release. and are particularly concerned that 73 UN staff reportedly remain detained by the Houthis. At the same time, the already protracted crisis in Yemen is deepening. Since 6 August, intensified fighting has reportedly displaced over 90,000 people and caused almost 3,000 casualties. Nearly half of Yemen's population requires humanitarian assistance, while acute hunger continues to grow. These developments underscore why the human rights situation warrants greater attention from this Council. We regret that the core group appears intent on preventing the Council from addressing Yemen's human rights, despite the current worsening situation on the ground following the latest Houthi attacks. I thank you.
Thank you. I give the floor to the distinguished representative of Cuba, followed by Pakistan.
President, we would like to thank Iraq and the Arab Group for presenting draft resolution L.33. Cuba supports the cooperation, activities, capacity building, transfer of technology and technical assistance within the sphere of human rights in Yemen. We would underscore that these initiatives must be carried out always upon the request and in coordination with the State concerned. For the actions mandated in draft resolution L33 to be effective, they must meet the needs highlighted by Yemen. Respectful dialogue and constructive dialogue are the only effective means to promote and protect human rights in any country. Cuba supports draft resolution L.33 and calls for its adoption by consensus. Thank you very much, President.
Thank you. I give the floor to the distinguished representative of Pakistan.
Thank you, Mr. President. Pakistan thanks Iraq for presenting draft resolution L.33 and the Core Group for its stewardship of this important initiative. This Council's technical assistance mandate is the preferred means to promote universal respect for human rights. It provides for genuine dialogue and constructive engagement among States, the Office of the UN High Commissioner for Human Rights, and relevant Council mechanisms. Technical assistance mandates must be extended to States upon their request and with their consent, as enshrined in General Assembly resolution 60/251. Technical assistance should not be misused for interference in domestic affairs or for politicization. The text before this Council is true to these principles. It is premised on the consent and cooperation of the Government of Yemen, and it recognizes the primary responsibility of States to promote and protect human rights. We commend this approach taken by the core group. Pakistan appreciates also the resolution's emphasis on the National Commission of Inquiry and the technical assistance provided to it. We support continued capacity building for Yemeni institutions, tailored to national priorities and delivered in a manner that respects Yemen's sovereignty, independence, unity and territorial integrity. Mr. President, Pakistan remains deeply concerned by the humanitarian situation in Yemen. We emphasize the need for the renewal of the truce and call upon the parties to engage in meaningful dialogue. We fully support the initiatives of Saudi Arabia and other regional countries towards peaceful settlement and affirm our support for a Yemeni-owned and led political process under UN auspices. We condemn renewed attacks by the Houthis, which compound the humanitarian suffering of the Yemeni people and their enjoyment of human rights, as well as their targeting of commercial vessels in the Red Sea and the Bab al-Mandab Strait. amidst resource constraints that affect the OHCHR's ability to deliver technical assistance. Mr. President, finally, we urge states to ensure availability of adequate and predictable resources for this mandate and call upon the Council to adopt resolution L.33 by consensus. Thank you.
Thank you. I give the floor to the distinguished representative of Egypt.
Mr. President, we welcome the presentation of the Arab Group to draft resolution L.33 entitled Technical Assistance and Capacity Building for Yemen. We are concerned over the ongoing economic and humanitarian institutional challenges faced by Yemen and the direct impact on the human rights situation and on institutions' capacity to respond to ever-increasing needs effectively. In this context, Egypt stresses that it's important for item 10 to be the framework for cooperation with the concerned state to support institutions and national capacity building in line with national needs and priorities. According to the technical nature, addressing humanitarian situation under this item should identify fields, and we need to distinguish between item 10 and other items and other mechanisms of the HRC. It is important to continue international support to Yemen to support its capacities to address current challenges and improve the human rights situation. Thank you, Mr. President.
Thank you. I see no further requests for general comments. We shall now hear from the concerned country, and I give the floor to the distinguished representative of Yemen.
Mr. President, Excellencies, Ladies and Gentlemen, The Government of the Republic of Yemen would like to extend its appreciation to the brotherly Republic of Iraq for presenting draft resolution L33 under Item 10 on behalf of the Arab States. We'd also like to thank the Kingdom of Saudi Arabia, the brotherly Kingdom of Saudi Arabia, and the core group. We thank all states that co-sponsored this draft resolution. This resolution embodies the mandate of Item 10. based on the principles of constructive cooperation and providing technical assistance and capacity building at the request and with the consent of the concerned state. Your renewed support to our legitimate institutions, especially the independent inquiry commission to investigate into human rights violations, will empower this commission to continue its work when it comes to documentation and investigations in the field in line with international standards. And is to ensure fighting impunity and to serve the victims. We will continue to constructively cooperate with the OHCHR, and we will provide all facilitations to its humanitarian work. Mr. President, adopting this resolution sends a message of solidarity internationally, a unified message to the Yemeni people, stressing that this Council, this August Council, is committed to promoting and protecting human rights and the rule of law in my country. Hence, the Republic of Yemen calls upon all August-respected members to adopt this draft resolution by consensus. Thank you, Mr. President.
Thank you. I've been informed by the Secretariat that there are PBIs for this draft resolution. and that the required resources have already been included in the proposed program budget. I now give the floor to members of the council who wish to make explanation of vote before the vote. I see no such request. If so, may I ask if there's a request for a vote? And I see none. May I therefore take it that draft resolution L33 may be adopted without a vote. It is so decided. I now give the floor to members of the council who may wish to make explanation of vote after the vote on all resolutions adopted under item 10. I see no requests. Excellencies, distinguished representatives, colleagues, we now turn to agenda item 3. And the Council will now consider draft resolution L.5, entitled "Enforced or involuntary disappearances." And I give the floor to the distinguished representative of France.
Thank you, President. Dear colleagues, it is a pleasure for me to present draft resolution L5 on behalf of a group of states made up of Argentina, Morocco, Japan, and my own country, France. This resolution aims to renew the mandate of the Working Group on Enforced or Involuntary Disappearances, created in 1980, to assist the families of disappeared persons in their search for justice and truth. as to the fate of their loved ones, their whereabouts, and those responsible for the disappearances. It therefore complies with a key human function. It is the link between the families and the governments. Over 60,000 cases have been brought to the attention of the group made up of five experts representing the various regions since its establishment. During this year alone, The group has communicated over 1,700 cases to States and has clarified the fate of 394 persons. This is an accomplishment for families and victims. Aware of the challenges and the needs to conserve the broadest consensus possible on this mandate, the author group has carried out open-ended consultations constructively. I'd like to thank all countries who took part in the informal consultations and 60 of them have expressed their support by co-sponsoring this draft resolution. The text presented to you incorporates a number of additions vis-a-vis the previous resolution making reference to the first World Congress on Enforced Disappearances, which was held in Geneva in January 2025, and also the situation of families and loved ones and the ways in which the growing number of cases are processed and these cases are brought before the Working Group. Ladies and gentlemen, this mandate, exercised with a great deal of professionalism by the five members and the Secretariat, is more fundamental than The group coordinates in exemplary fashion with the Committee on Enforced Disappearances, which has just celebrated its 20th anniversary, to avoid any overlap of work. In a context where conflicts are multiplying and every day lead to new violations of basic rights and violations of international humanitarian law, this working group is an essential group, so as to provide a response to the growing number of enforced disappearances. I would therefore call on the Human Rights Council to adopt this resolution L.5 by consensus. I thank you.
Thank you. I've been informed by the Secretariat that there are 15 additional co-sponsors. I now give the floor to members of the Council who wish to make general comments. I give the floor to the distinguished representative of Mexico.
Thank you very much, President. So Mexico would welcome and thanks France, Argentina, Japan, and Morocco for presenting draft resolution L5, entitled, "Enforced or Involuntary Disappearances." We appreciate the fact that the negotiations have been carried out in a transparent and constructive fashion. Mexico underscores the important work of the Working Group on Enforced or Involuntary Disappearances and the relevance of their mandate to prevent and address this phenomenon, also to promote cooperation and dialogue with States. In this regard, Mexico restates its support for the renewal of the mandate and its willingness to continue to collaborate with the Working Group. Addressing the issue of enforced disappearances and the non-location of persons is a national priority for Mexico. Against this backdrop, our country has strengthened its institutional and legal framework and has consolidated a national strategy for the search of persons, aimed at improving coordination amongst the search authorities, the attorney general offices, and the institutions who care for victims, and also providing appropriate support to the families of the disappeared persons. Mexico restates its openness to international cooperation and dialogue to continue strengthening the technical assistance and capacity-building mechanisms so as to have better tools when it comes to addressing this crime. Thus, Mexico co-sponsored draft resolution L5 and urges the Council to adopt it by consensus. Thank you very much, sir.
Thank you. I give the floor to the distinguished representative of Korea, Republic of Korea, followed by Chile.
Thank you, Mr. President. The Republic of Korea supports this resolution on enforced or involuntary disappearance as an original co-sponsor. Enforced disappearance gravely violates human rights, including the rights to life, liberty, and security of the person. No circumstances, including war or a public emergency, can justify it. We remain committed to international efforts to prevent and eradicate this practice. Victims and their families must remain central to these efforts. Families endure prolonged anguish over the loved ones' unknown fate. We stress the need to clarify the fate and whereabouts of disappeared persons, uphold the right to truth, and ensure thorough, impartial investigations. meaningful participation by victims and their families, effective remedies and accountability to combat impunity and prevent recurrence. We support renewing the mandate of the Working Group on Enforced or Involuntary Disappearances for three years, with adequate support for its independent and effective implementation. We call on all States to cooperate fully with the Working Group. including through timely and substantive response to its communications. I thank you.
Thank you. I give the floor to the distinguished representative of Chile, followed by Cuba.
Thank you, President. We thank the core group of Argentina, France, Japan, and Morocco for presenting this draft resolution once again. renewing the mandate of the Working Group on Enforced Involuntary Disappearances. We are co-sponsors. This year, it is the 20th anniversary of the International Convention on the Protection of All Persons against Enforced Disappearance. We welcome the fact that this is recognized in the resolution. We reiterate our call for its universal ratification. Chile once more emphasises the absolute nature of the prohibition of forced disappearances. There are no exceptional circumstances that can justify this terrible crime. From our own history, we know the suffering that is brought upon persons, their families and whole societies, and the prolonged uncertainty when the whereabouts of the victims are not known. Thus, we in particular welcome that the text recognizes this and the importance of having significant participation by families in the search, investigation and other procedures. There are over 50,000 cases that have not been clarified before the working group, and the liquidity crisis has impeded its work. Each case has a family behind it waiting for a response. Thus, we support the fact that the resolution recognises the delay in processing cases and the need for necessary resources in order for the mandate to be carried out. We urge all States to cooperate with the Working Group, respond to its communications and favourably grant its requests for visits. We call upon the Council once more to adopt this resolution by consensus. Thank you.
Thank you. I give the floor to the distinguished representative of Cuba, followed by Gambia.
President, we welcome the presentation of L5. Enforced disappearance is an unacceptable practice. Cuba rejects this and condemns it categorically in all circumstances. We support draft L5 on the extension of the mandate of the working group on enforced disappearances. This working group must always act impartially, with objectivity and fully in line with the code of conduct. To prevent it being used to take up allegations for political purposes, it is important for there to be from a first-year verification of the credibility and veracity of the sources behind allegations. This is the responsibility of all, avoiding manipulation, abuse of special procedures, bringing in factors alien to human rights. We thank the authors of L5 for having reflected in the text the proposals by our delegation Cuba's support to the resolution as a whole should not be seen as a change in our national position regarding the Rome Statute of the International Criminal Court, mentioned in the preamble, paragraph 13. Cuba is not a party to that statute. Our country will continue to have respectful dialogue and constructive cooperation with the working group. based on the principle of non-selectivity, non-politicization, objectivity, and impartiality. I thank you.
Thank you. I give the floor to the distinguished representative of Gambia.
France, Argentina, Japan, and Morocco for their leadership on the draft resolution L5, and for the constructive manner in which the consultations were conducted. We appreciate the openness of the core group to proposals from delegations and the incorporation of a proposal put forward by the Gambia during the negotiations. The number of cases with the working group right now reflects untold stories by families, and as such, we welcome the language recognizing the continuing suffering and uncertainty experienced by families and relatives of disappeared persons, particularly where the fate or whereabouts of the disappeared person remain unresolved, and stressing the importance of ensuring their meaningful participation in efforts to search for, investigate and clarify cases of enforced disappearances. Our national experience has shown that enforced disappearances does not affect only the disappeared person. Its consequences extend to families and relatives who may live for years without knowing the fate or whereabouts of their loved ones. Their meaningful participation in efforts to establish the truth, locate disappeared persons and clarify cases is therefore particularly important. As a result, The Gambia supports the renewal for a further period of three years of the mandate of the Working Group on Enforced or Involuntary Disappearances, as its continued work remains important in addressing situations of enforced disappearance and strengthening cooperation with States. On this basis, The Gambia supports draft resolution L.5 and encourages its adoption by consensus. Thank you, Mr. President.
I give the floor to the distinguished representative of Kenya.
Thank you, Mr. President. Kenya supports the adoption of this resolution and the renewal of the mandate of the Working Group on Enforced or Involuntary Disappearances for a further three years. Kenya reaffirms its categorical opposition to enforced disappearances and its commitment to the rights and dignity of victims and their families. We recognize the important humanitarian role of the Working Group and welcome its continued engagement with States, national institutions, families and civil society. To this end, we reaffirm our commitment to the purpose and objectives of the Convention and continue to assess the legal, institutional and legislative implications of ratification through the national processes. We particularly welcome technical assistance and capacity building, including engagement with relevant national institutions. Such cooperation can strengthen national processes, improving the handling of allegations and contribute to the clarification of outstanding cases. Given the seriousness and sensitivity of this mandate, Kenya emphasizes that communications should be fact-based, case-specific, and sufficiently detailed to enable a meaningful response. They should be transmitted through established official channels and designated focal points. States should also be given a reasonable opportunity to examine allegations and respond before they are publicly amplified. Regarding country visits, Kenya recognizes their value and stresses that meaningful visits require adequate preparation, agreed modalities and the availability of the relevant institutions. The working group's calendar should therefore be aligned with the State's institutional and parliamentary calendar. This is necessary to ensure that the visit is substantive and not merely formal. Kenya is also concerned about the use of social media platforms, including Twitter X, to criticize or shame States for not immediately accepting or scheduling country visits. Public messaging should not replace confidential dialogue or established diplomatic channels. It should also distinguish between a refusal to cooperate and ongoing consultations concerning timing, modalities or preparedness. Kenya supports the resolution and looks forward to continued engagement with the working group in a spirit of cooperation, impartiality and mutual respect. I thank you.
I see no further requests for general comments. I've been informed by the secretariat that there are PBIs for this draft proposal, and the corresponding PBRO statement has been made available on the HRC portal. I now give the floor to members of the Council who wish to make explanation of vote before the vote. There seems to be no such request. May I therefore ask if there is a request for a vote? I see none. May I therefore take it that draft resolution L5 may be adopted without a vote. It is so decided. The Council will now consider draft resolution L.19, entitled "Universal decriminalization of consensual same-sex conduct between adults." And I give the floor to the distinguished representative of France to introduce the draft text.
Mr. President, Excellencies. Human rights belong to all. Nobody should be arrested, punished, imprisoned because of consensual same-sex conduct between adults. Universal decriminalisation is a pressing need for freedom and dignity. The rights and freedoms of all, without distinction or discrimination, is anchored in many international instruments and regional ones. where they are valid, the law should not criminalise consensual same-sex conduct. And yet, they find themselves subject to fines, imprisonment, forced labour, even the death penalty, with fear, stigmatisation, discrimination, the risk of violence, in particular sexual violence, arrest, arbitrary detention, enforced disappearance, torture, and other cruel, inhuman and degrading treatment. We welcome the progress made by many States which have reformed their legislation to decriminalize consensual same-sex conduct between adults, bringing them to two-thirds the number of States that have decriminalized this, showing that change is possible. Each country has its own legal pathway through discussion and political will. We recognize the important role played by local human rights defenders and civil society organizations. They have played a crucial role in guaranteeing awareness of the needs of persons affected by this decriminalization. We call on all states. which still have laws that criminalize consensual same-sex conduct between adults to review them rapidly in order to repeal them in line with their own legal procedures and international norms and obligations on human rights. It is urgent, clearly, to recognize that criminalization is not compatible with the basic principles of international human rights law. Achieving universal decriminalization regardless of cultural model, means that criminal law is never used to legitimise marginalisation, violence, and ensuring that nobody lives in fear of being arrested because of consensual same-sex conduct. The Universal Declaration of Human Rights declares that all human rights are born free and equal in rights and dignity. Universal decriminalization is a necessary stage in order that this principle may become a reality for all. President, we continue our commitment of 52 states and many human rights civil society organizations.
Thank you. Now, it is my understanding that the France is withdrawing the draft resolution. Okay, thank you. We shall now therefore turn to, we have finished taking action on all draft resolution under agenda item three. and we shall now turn to explanation of vote after the vote on all resolutions under item three. I give the floor to the distinguished representative of Colombia, followed by Iraq and Chile.
Thank you, President. Colombia. makes this explanation on L9, L17, L20, L29, L30, L34, L36, which it supports, and all of the resolutions contain the following terms. First, Colombia dissociates itself from health and sexual reproductive rights as an expression contained in L34, which is not universal agreed language or a binding definition. In the same resolution, hear menstrual health this is understood only in terms in connection with water and sanitary care in L20 we note the report of the special rapporteur but that doesn't mean that we support the language therein. Second, Colombia interpreters gender and deriving expressions such as gender-based violence and and technology facilitated. The interpreters regret that they do not have this text as ways to ensure equality and prevent discrimination violence under 7.3 of the Statute of Rome. The multiple intersectionalities of discrimination, systemic racism, structural institutional reparative justice, and extremist ideologies, nationalist, populist, are terms without a precise definition and not legal categories in themselves, and we'll apply them under Article 26 of the ICCPR and Article 13 of its constitution. 4. All restrictions on freedom of expression should respect Articles 19 and 20 of the Covenant. 5. references to education, curricula and children are understood in connection with the right of parents, which is set out in article 68 of the constitution and in article 18 of the covenant, the right of parents to oversee their children's education. None of these expressions creates new obligations or broadens the definitions for Colombia, which will apply them in line with its constitution and international obligations. This covers texts adopted under articles 3 and 9, and we request that the Secretariat record this accordingly. Thank you.
Thank you. I give the floor to the distinguished representative of Iraq, followed by Chile.
Thank you, Mr. President. The delegation of Iraq thanks the delegations that have co-sponsored draft resolutions under item 3 during this 63rd session. And we appreciate their openness during the consultations, informal consultations, and also welcome the new initiatives proposed under this item. Iraq is convinced that promoting and protection of human rights is a cooperative responsibility enriched by diversity of legal texts and the cultural backgrounds of countries along with their cultures. Their resolutions should be based on agreed language rather than concepts that are controversial. My delegation joins the consensus on a number of resolutions adopted under this item in view of their content, but we believe that it's important to register our positions as to some controversial terminology. Despite our participation in formal consultations and our call for amendment of this terminology, but they weren't amended. Therefore, Iraq would like to register the following. We dissociate ourselves from the gender-based violence facilitated by technology. This is not agreed internationally and it's not based on any international texts. And we understand reference to gender violence as meaning violence against girls and women. We categorically reject all this type of violence. Third, Iraq detaches itself from issues related to reproductive health as a standalone right. We reiterate the right of every individual to enjoy this right in terms of mental health, including sexual and reproductive health. We also disavow ourselves from intersected discrimination. We understand them based on our legislation that call for rejection of all kinds of discrimination. In closing, Iraq reserves its right to interpret the content of these resolutions and their implementation according to our national legislation. And we call for including our statement in the records of this session. Thank you.
Thank you. I give the floor to the distinguished representative of Chile, followed by Egypt.
Thank you, President. Chile makes an explanation of vote after the vote on resolution L.34, human rights to drinking water and sanitation. First, we reaffirm our strong commitment to the implementation of the human right to water and sanitation including its links to health and mental health of women and girls. We also wish to point out, and we wish this to be recorded, that the government of Chile promotes and protects the right to life in line with its internal legal order and international obligations and human rights. In this context, we understand that the sexual and reproductive health are not an internationally recognized right and the legal definition depends on internal legal norms of each state. Finally, we also believe that keeping language strictly linked to the topic would facilitate consensus and favor the understanding of each topic. Thank you.
Thank you. I give the floor to the distinguished representative of Egypt, followed by Indonesia.
Thank you, Mr. President. On L20 as revised, Egypt thanks the core group for its constructive engagement throughout the consultations and appreciates its efforts to accommodate a number of our comments, including adding references to the General Assembly resolution 80/303. However, Egypt dissociates itself from the consensus on the reference to the report and accreditation principles in the operative paragraph 15, as these principles are not agreed by member states. And we also call for the discussion on enhancing indigenous people participation in this council to remain consistent with the General Assembly intergovernmental process on their participation in the United Nations without prejudging its outcome or creating a parallel track. Egypt dissociates itself from the reference to sexual and reproductive health and rights in L34 and L80. Egypt dissociates from the concepts and references that don't enjoy consensus and don't have a clear definition in international human rights law, including transnational repression, intersecting forms of discrimination, ministerial health, technology-facilitated gender-based violence. Egypt reserves the right to interpret and implement the provision contained in different resolution consistent with its national law and its obligation under human rights law. Egypt reiterates that any reference to the term gender shall be understood as referring to sex, including only male and female. Egypt further clarifies that any reference to the outcome documents of the review conferences of Beijing Declaration and Platform of Action shall be understood as referring only to those adopted by the General Assembly. Egypt also understands the reference to the human rights-based approach as they are fully grounded in international human rights law. Egypt stresses that the participation of children, including girls, should be distinguished from that of adults and guided by the safeguards set out in the Convention on the Rights of the Child, taking into consideration their age, maturity, evolving capacities, and best interests of the child, and the role of parents and legal guardians in providing appropriate direction and guidance. We further reiterate that our understanding of the concept of human rights defenders are based on the declaration of the rights and responsibility of individuals, groups, and organs of the society to promote and protect universally recognized human rights and fundamental freedoms. I thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Indonesia, followed by Kuwait.
Thank you, Mr. President. Indonesia commends the core groups that have rationalized their initiatives in keeping with the Council's rationalization and efficiency efforts. We welcome the adoption of important initiatives under this agenda item, particularly the resolution L4 on equitable international order, L21 on promoting accessibility, and L24 on anti-personal mines, which we are also pleased to co-sponsor. Indonesia also appreciates and thank all the delegates for the support for its resolution enhancing equal access of children to adequate nutritious food and thanks its core group. Mr. President, while the concept of indigenous people does not apply to Indonesia's post-colonial context, we respect the importance of protecting their rights as set out in UNTRIP and by the relevant states where they exist. We therefore join consensus on L20, ref one on indigenous peoples. However, we reserve our position regarding the joint report and the so-called accreditation principles in OP 15, which are not the result of an intergovernmental negotiating process and should not be construed as endorsed by this Council. Any further discussion on accreditation mechanisms for Indigenous Peoples in this Council must align with the ongoing process in the General Assembly, remain consistent with the UN Charter, and respect the Council's intergovernmental nature. We would also encourage the relevant states to ensure adequate national consultation with the indigenous peoples so that their views are effectively represented in this intergovernmental body. Indonesia, for its part, will continue to protect and represent its various ADAPT communities as mandated by our constitution. Mr. President, while joining consensus on a number of resolutions, we regret that several texts continue to employ concepts lacking universal acceptance, treated as agreed language solely because earlier iterations were adopted without a vote. On that note, my delegation disassociates itself from those references, including sexual and gender-based violence were not specifically linked to women and girls. multiple and intersecting forms of discrimination, sexual and reproductive health and rights, technology-facilitated gender-based violence, and disaggregated data on the basis of gender. We request for this statement to be put in record of the session. I thank you, Mr. President.
Thank you. I give the floor to the distinguished representative of Kuwait, followed by Pakistan.
Shukran, Sayyid al-Rais.
Thank you. President, our country reserves the right to implement the provisions of the resolutions adopted under item 3 in line with our national laws and our commitments under IHL. We dissociate ourselves from concepts, terms and non-governmental documents in the draft resolutions which do not enjoy international consensus or where there is no international definition, our national understanding of the gender aspect and deriving concepts must be in line with our national laws, cultural and religious system. Thank you.
Thank you. I give the floor to the distinguished representative of Pakistan.
Thank you, Mr. President. On L17, multiple and intersecting forms of discrimination and technology-facilitated gender-based violence, in our view, lack internationally agreed definitions. We place our reservations on record and hope for clarity through intergovernmental deliberations. On L30, we thank Mexico and Guatemala for presenting the resolution. We disassociate from the reference in OP.14 to document A/HRC/59/35 and its contents. The Council, as a subsidiary of the UN General Assembly, should neither prejudge nor diverge from the process mandated by the UN General Assembly resolution 80/303. On L.34, we disassociate from sexual and reproductive health and rights. This terminology remains non-consensual and has been rejected by many States, including through multiple votes in this very Council. On L36, we thank Mexico for presenting the resolution. We note, however, that certain provisions listed in the full version of the statement, PP22, 6, OP6, and OP23 bis, import elements from international refugee law without qualification. States cannot be bound to instruments to which they are not parties, and unqualified references do not create obligations by extension or implication. Mr. President, These concerns reflect a broader pattern. Contested concepts are advanced on divisive issues, while poverty, hunger, racism, conflict and foreign occupation are often met with the argument of constrained resources. There can be no hierarchy of rights. All human rights are universal, indivisible, interdependent and interrelated, and must be treated on the same footing and with the same emphasis. The Council must also remain mindful of the capacity constraint faced by developing countries. Recognizing these constraints does not dilute or qualify human rights obligations. Rather, it underscores the responsibility of the international community to support the effective implementation through capacity building, technology transfer, and meaningful international cooperation. We also urge delegations to refrain from prescribing legislative outcomes to other states on controversial matters. Whether and how national laws evolve remains within the sovereign legislative competence of States, reflecting their legal traditions, national circumstances and religious, cultural and societal values. Similarly, views and recommendations of treaty bodies, special procedures and other independent mechanisms should not substitute for obligations expressly undertaken by States. Pakistan is of the view that the engagement at the Council must rest on mutual respect, tolerance and consensus, grounded in the UN Charter and international human rights law. I thank you, Mr. President.
I see no further requests for explanation or vote after the vote on all resolutions adopted under item 3. Excellencies, distinguished participants, This brings us to the end of this meeting. We will reconvene this afternoon at 3:00 p.m. to continue with consideration of draft proposals. I hereby close the 43rd meeting of the 63rd session of the Human Rights Council. Thank you all very much.