Photo Source; REUTERS/Denis Balibouse
Photo Source; REUTERS/Denis Balibouse

R2P and Outcomes of the Human Rights Council 37th Session

10 April 2018

 The 37th regular session of the Human Rights Council (HRC) was held in Geneva between the 26 February and 23 March 2018. As the primary international human rights body, the Human Rights Council has the capacity to prevent and respond to mass atrocity crimes, as systematic violations and abuses of human rights can be an indicator of potential genocide, war crimes, crimes against humanity or ethnic cleansing. The summary below highlights major outcomes and relevant dialogues from the 37th session as they relate to the Responsibility to Protect (R2P) populations from such crimes. As part of the session, the Netherlands and Rwanda delivered two statements on behalf of the fifty-one members of the Group of Friends of R2P. 

RESOLUTIONS 

A/HRC/37/L.1 The deteriorating situation of human rights in Eastern Ghouta, in the Syrian Arab Republic 
The HRC, during an urgent debate to discuss the deteriorating situation of human rights in Eastern Ghouta, strongly condemned all violations of international humanitarian law, including the sustained denial of humanitarian access, the repeated attacks against medical facilities and other civilian infrastructure and the use of chemical weapons by the Syrian authorities against civilians. The HRC requested the Independent International Commission of Inquiry on the Syrian Arab Republic to urgently conduct a comprehensive and independent inquiry into the recent events in Eastern Ghouta, and to provide an update followed by an interactive dialogue on the situation to the HRC at its thirty-eighth session. The Resolution was adopted by a vote of 29 in favour, 4 against, and 14 abstentions. The resolution “calls upon all parties, in particular the Syrian authorities, to meet their responsibility to protect the Syrian population and to end immediately all attacks against civilians in Eastern Ghouta.” 

A/HRC/37/L.29 Situation of human rights in the Democratic People’s Republic of Korea 
The HRC expressed deep concern about the systematic, widespread and gross human rights violations in the Democratic People’s Republic of Korea that, in many instances, constitute crimes against humanity. The HRC decided to extend the mandate of the Special Rapporteur for a period of one year and requested the Office of the High Commissioner to report on its follow up efforts in the regular annual report of the Secretary-General submitted to the General Assembly on the situation of human rights in the Democratic People’s Republic of Korea. The resolution “recalls the responsibility of the Democratic People’s Republic of Korea to protect its population from crimes against humanity” and was adopted without a vote. 

A/HRC/37/L.38 The human rights situation in the Syrian Arab Republic 
The HRC welcomed the establishment of the International, Impartial and Independent Mechanism to assist in the investigation and prosecution of persons responsible for mass atrocity crimes. Expressing concern about the findings of the Independent International Commission of Inquiry on the Syrian Arab Republic, the HRC decided to extend the Commission’s mandate for one year and requested the Commission of Inquiry to provide an oral update to the HRC during the interactive dialogue at its thirty-eighth session, and to present an updated written report during an interactive dialogue at the thirty-ninth and fortieth sessions. The resolution was adopted by a vote of 27 in favour, 4 against, and 16 abstentions. The resolution “demands that the Syrian authorities meet their responsibility to protect the Syrian population” and “stresses that the primary responsibility to protect the Syrian population lies with the Syrian authorities.” 

A/HRC/37/L.40 Situation of human rights in South Sudan 
Alarmed by the report of the Commission on Human Rights in South Sudan, which states that some of the human rights violations may amount to war crimes and crimes against humanity, the HRC decided to extend the mandate of the Commission on Human Rights, composed of three members, for a period of one year. The HRC further requested the Commission on Human Rights to present an oral update to the HRC at its thirty-ninth session in an interactive dialogue, and to present a comprehensive written report, in an interactive dialogue, to the HRC at its fortieth session. The resolution was adopted without a vote. The resolution “recalls that the Government of South Sudan has the responsibility to protect all of its population in the country from genocide, war crimes, ethnic cleansing and crimes against humanity.” 

A/HRC/37/L.43 Situation of human rights in Myanmar 
The HRC welcomed the work of the Independent International Fact-Finding Mission and the work and the reports of the Special Rapporteur on the situation of human rights in Myanmar. Further, the HRC welcomed the adoption of General Assembly resolution 72/248, in which the Assembly requested the Secretary-General to appoint a special envoy on Myanmar. The HRC also decided to extend the mandate of the Special Rapporteur on the situation of human rights in Myanmar for a further period of one year and requested the Special Rapporteur to present an oral progress report to the HRC at its thirty-eighth session. The resolution was adopted by a vote of 32 in favour, 5 against, and 10 abstentions. 

A/HRC/37/L.44 Prevention of genocide 
The HRC reaffirmed its full support for the mandate of the Special Adviser to the Secretary-General on the Prevention of Genocide. The HRC further encouraged states to consider the appointment of focal points on the prevention of genocide, who could cooperate and exchange information and best practices among themselves and with the Special Adviser to the Secretary-General on the Prevention of Genocide, relevant United Nations bodies and with regional and sub regional mechanisms. The HRC also urged all states to implement accepted universal periodic review recommendations related to the prevention of genocide, war crimes and crimes against humanity and requested the Office of the High Commissioner to prepare a summary report on the high-level panel discussion and to submit it to the HRC at its fortieth session. The resolution was adopted without a vote. The resolution “reiterates the responsibility of each individual State to protect its population from genocide, which entails the prevention of such a crime, including incitement to it, through appropriate and necessary means.” 

A/HRC/37/L.47 Human rights situation in the Occupied Palestinian Territory, including East Jerusalem 
Expressing grave concern about the continuing violation of international humanitarian law and the systematic violation of the human rights of the Palestinian people by Israel, the HRC stressed the need for an international presence to monitor the situation and called for urgent measures to ensure the safety and protection of the Palestinian civilian population in the Occupied Palestinian Territory. The resolution was adopted by a vote of 41 in favour, 3 against, and 2 abstentions. 

Source
Global Centre for the Responsibility to Protect

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