HRC 51 - Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

HRC 51 - Item 3: Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development

Mr. President,

I have the honor to speak on behalf of the European Union.

The Candidate Countries North Macedonia, Montenegro, Albania and Ukraine, the potential candidate countries Bosnia and Herzegovina1)and Georgia, the EFTA country Liechtenstein, member of the European Economic Area, align themselves with this declaration.

We thank the Secretary-General and the Acting High Commissioner and her Office for the reports under Item 3 as well as the President of the Economic and Social Council for her briefing on the discussions of the high-level political forum. The EU regrets that the Chair of the Peacebuilding Commission was again prevented from briefing the HRC as foreseen in HRC resolution 45/31. It is the EU's view that closer cooperation between the HRC and the two other pillars of the United Nations is imperative to allow this Council to fulfill its prevention mandate.

The EU reaffirms its strong opposition to capital punishment at all times and in all circumstances and we welcome the Secretary General's yearly report and recommendations on the matter. The death penalty is a cruel, inhuman and degrading punishment contrary to the right to life. Its abolition is essential to ensure respect for human dignity. We are encouraged that the High Commissioner, during her final press conference, mentioned positive trends towards the abolition of the Death Penalty in the Central African Republic, Chad, Kazakhstan, Sierra Leone, Papua New Guinea, Liberia, Zambia and Malaysia and that to date 90 states have ratified the Second Optional Protocol to the ICCPR. We welcome that some of those States have confirmed their participation at the World Congress on Death Penalty in Berlin end of November. We remain concerned, however, about the resumption or increased use of capital punishment in other countries, including against children and persons with mental health conditions or psychosocial disabilities and persons belonging to minorities, including LGBTI persons and persons belonging to religious and belief minorities. Likewise, the EU deplores that women are disproportionately sentenced to death, including in contexts where they have been survivors of sexual violence. The EU is committed to its long-running efforts against the death penalty and calls on all states who have not yet abolished the death penalty to establish a moratorium.

Mister President,

The High Commissioner's report containing an overview of the OHCHR's comprehensive research activities and projects to promote and protect economic, social and cultural rights demonstrates its firm commitment to combatting inequalities with a human rights based approach, using an indivisibility approach to all human rights. The EU welcomes this commitment and pledges its firm support to the OHCHR's efforts in this regard. A holistic human rights, gender and age-responsive approach is imperative to build back better in the aftermath of the pandemic. To make headway, we need inclusion and participation of persons in situations of marginalization. No one should be left behind, no human right ignored. The EU will continue strengthening the OHCHR capacity to provide guidance and advice on all human rights, including ESCR, in line with the OHCHR mandate and in full respect of its independence and integrity.

We share the High Commissioner's concern about lack of progress in the implementation of the 2030 agendafor sustainable development. This is exacerbated by the COVID-19 pandemic, Russia's war of aggression against Ukraine, the persistent global terrorist threat, rising food and energy prices, growing inflation, humanitarian crises and climate change. With only 8 years remaining until the 2030 target date, bold action is indeed required. The recently released Human Development Report reveals worrying trends of global regress in terms of life expectancy, education and economic prosperity. Despite difficult circumstances, the EU remains firmly committed to the Sustainable Development Goals and to effectively contributing to achieving these by 2030. To make good on that commitment, the EU and its 27 Member States further increased their Official Development Assistance (ODA) to €70.2 billion in 2021 and, prompted by the European Development Consensus, brought all policies, initiatives, programs in the field of international cooperation and development policy in line with the SDGs.

We welcome the report's recommendations for accelerating implementation of the SDGs, using human rights as a lever. The EU strongly supports a human rights based approach to sustainable and inclusive development and recalls that the Ministerial declaration of the UN High Level Political Forum held in July this year once again affirmed the centrality of human rights for achieving the SDGs. This echoes perfectly our commitment to implement a rights-based and gender-responsive approach to development cooperation, encompassing all human rights.

Mister President,

We fully subscribe to the High Commissioner's view that civil society has an important role to play in ensuring that the needs and rights of persons in situations of vulnerability are systematically taken into account when assessing progress implementing the SDGs. The EU therefore welcomes the High Commissioner's comprehensive report on Civil Society Space, outlining the challenges faced by civil society in the context of the COVID-19 as well as its list of detailed recommendations to foster trust and inclusive and diverse participation, and to provide the room and means for an empowered civil society and vibrant debate. The EU also welcomes the adoption by the OECD on 6 July 2021 of the Guidelines on Enabling Civil Society in Development Co-
operation and Humanitarian Assistance. The EU agrees that Civil society plays an essential role in protecting and promoting human rights and in pursuing accountability and transparency at the local, national, regional, and international levels. While civil society has made a key contribution to the response to and recovery from the pandemic, the EU expresses its deep concern at the increased and often disproportionate restrictions imposed on their work. We must stand united in acknowledging this contribution and ensuring a safe and enabling environment for all civil society actors and human rights defenders, including during this Human Rights Council session.

Finally, we thank the Chair-Rapporteur for its leadership and efforts in advancing the IGWG process on PMSCs, and take note of the presentation of the revised draft instrument during the 3rd session of the working group in May 2022. The EU participated actively and openly throughout the session and will continue to do so in the proceedings of the IGWG. We will carefully assess the content and added value of any possible proposal of a non-binding international regulatory framework, based on the substance and progress achieved by the IGWG. Yet, we recall the applicability of existing international law to PMSCs activity, as reflected by the Montreux document.

I thank you.

1)North Macedonia, Montenegro, Albania and Bosnia and Herzegovina continue to be part of the Stabilisation and Association Process.