UNITED NATIONS

A
General Assembly
Distr. LIMITED A/HRC/1/L.10/Add.1 5 July 2006 Original: ENGLISH

HUMAN RIGHTS COUNCIL First session Item 6 of the agenda* 19-30 June 2006

REPORT TO THE GENERA L ASSEMBLY ON THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL** Vice-President and Rapporteur: Mr. Musa Burayzat (Jordan)

[Note: The present addendum to the draft report on the first session of the Human Rights Council (A/HRC/1/L.10) reflects the proceedings, the texts of the resolutions and decisions adopted and the President's statements agreed on by the Council, as at the conclusion of its 24th meeting, on 30 June 2006.]

* Agenda of the first session of the Human Rights Council (A/HRC/1/1). ** The format of the present report is based on the agenda and programme of work for the first session as adopted by the Council. It should therefore not serve as a precedent for future sessions of the Council. GE.06-12935

A/HRC/1/L.10/Add.1 page 2 CONTENTS Paragraphs I. IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED "HUMAN RIGHTS COUNCIL" ................................................. PROGRAMME OF WORK FOR THE FIRST YEAR ................ REPORT TO THE GENERAL ASSEMBLY ON THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL ..................... RESOLUTIONS AND DECISIONS ADOPTED BY THE COUNCIL, AS WELL AS PRESIDENT'S STATEMENTS AGREED ON BY THE COUNCIL, AS AT THE CONCLUSION OF ITS 24TH MEETING, ON 30 JUNE 2006 ............................. A. Resolutions ................................................................................ 2006/4. 2006/5. The right to development ............................................. The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action ................................................... Page

1 ­ 34 35 ­ 37 38 ­ 40

4 8 8

II. III. IV.

9 9 9

11 12 12

B. Decisions ................................................................................... 2006/101. Titles of officers ........................................................... 2006/102. Extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights .............................. 2006/103. The Universal Periodic Review .................................. 2006/104. Implementation of paragraph 6 of General Assembly resolution 60/251 ....................................................... 2006/105. Draft framework for a programme of work of the Human Rights Council for the first year ................... 2006/106. Human rights situation in Palestine and other occupied Arab territories ............................................................ 2006/107. Incitement to racial and religious hatred and the promotion of tolerance .............................................

12 18 19 21 22 23

A/HRC/1/L.10/Add.1 page 3

CONTENTS (continued) Paragraphs C. President's statements ........................................................................... 2006/PRST.1. The entry into force of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman, Degrading Treatment or Punishment ................................ 2006/PRST.2. Hostage-taking .................................................................. Page 23

23 24

[Note: All resolutions and decisions adopted by the Council, as well as President's statements agreed on by the Council by consensus will be included in the final report. The present draft report only reflects those resolutions and decisions adopted, as well as President's statements agreed on by the Council, as at the conclusion of its 24th meeting, on 30 June 2006.]

A/HRC/1/L.10/Add.1 page 4 I. IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251 OF 15 MARCH 2006 ENTITLED "HUMAN RIGHTS COUNCIL"

The entry into force of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman, Degrading Treatment or Punishment 1. At the 24th meeting, on 30 June 2006, the President circulated a revised draft statement on behalf of the Human Rights Council, statement A/HRC/1/L.5. 2. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications 1 of the draft President's statement. 3. A statement in explanation of his delegation's position was made by the representative of Argentina. 4. The draft statement, as revised, was agreed upon by the Council by consensus. For the text, see chapter IV, section C, President's statement 2006/PRST.1. Extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights 5. At the 23rd meeting, on the same day, the Vice-President (Mr. Blaise Godet, Switzerland) introduced draft decision A/HRC/1/L.6, submitted by the President. 6. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications 1 of the draft decision. 7. Statements in explanation of their delegations' positions were made by the representatives of Canada, China (on behalf of the Like -M inded Group), Cuba, Finland (on behalf of the European Union) and the Russian Federation. 8. The draft decision was adopted without a vote. For the text as adopted, see chapter IV, section B, decision 2006/102. The right to development 9. At the 22nd meeting, on the same day, the representative of Malaysia (on behalf of the Non-Aligned Movement) introduced draft resolution A/HRC/1/L.7, sponsored by China and

1

See annex III.

A/HRC/1/L.10/Add.1 page 5 Malaysia (on behalf of the Non-Aligned Movement). Afghanistan , Germany, Ecuador, Lithuania* and Uruguay subsequently joined the sponsors. 10. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications1 of the draft resolution. 11. A statement in explanation of his delegation's position was made by the representative of Canada. 12. The draft resolution was adopted without a vote. For the text as adopted, see chapter IV, section A, resolution 2006/4. The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action 13. At the 24th meeting, on the same day, the representative of Algeria (on behalf of the Group of African States) introduced draft resolution A/HRC/1/L.8, sponsored by Algeria (on behalf of the Group of African States), Chile*, Cuba, Indonesia, Mexico and Uruguay. Azerbaijan, Guatemala, Iran (Islamic Republic of)*, Peru, the Philippines, Thailand*, and Timor-Leste* subsequently joined the sponsors. 14. A statement in connection with the draft resolution was made by the representative of Canada. 15. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications1 of the draft resolution. 16. The draft resolution was adopted without a vote. For the text as adopted, see chapter IV, section A, resolution 2006/5. Hostage -taking 17. At the same meeting, the President circulated a revised draft statement on behalf of the Human Rights Council, statement A/HRC/1/L.9. 18. The draft statement, as revised, was agreed upon by the Council by consensus. For the text, see chapter IV, section C, President's statement 2006/PRST.2.



Observer States of the Human Rights Council

A/HRC/1/L.10/Add.1 page 6 The Universal Periodic Review 19. At the 23rd meeting, on the same day, the Vice-President (Mr. Mohammed Loulichki, Morocco) introduced and orally revised draft decision A/HRC/1/L.12, submitted by the President. 20. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications 1 of the draft decision. 21. The draft decision, as orally revised, was adopted without a vote. For the text as adopted, see chapter IV, section B, decision 2006/103. Implementation of paragraph 6 of General Assembly resolution 60/251 22. At the same meeting, the Vice-President (Mr. Tomás Husák, Czech Republic) introduced and orally revised draft decision A/HRC/1/L.14, submitted by the President. 23. In accordance with rule 153 of the rules of procedure of the General Assembly, the attention of the Council was drawn to the estimated administrative and programme budget implications 1 of the draft decision. 24. The draft decision, as orally revised, was adopted without a vote. For the text as adopted, see chapter IV, section B, decision 2006/104. Human rights situation in Palestine and other occupied Arab territories 25. At the 24th meeting, on the same day, the representative of Pakistan (on behalf of the Organization of the Islamic Conference) introduced and orally revised draft decision A/HRC/1/L.15, sponsored by Afghanistan , Algeria, Azerbaijan, Bahrain, Bangladesh, Cuba, Egypt*, Indonesia, Iran (Islamic Republic of)*, Jordan, Kuwait*, Lebanon*, Libya n Arab Jamahiriya *, Malaysia, Mauritania *, Morocco, Oman*, Pakistan, Qatar*, Saudi Arabia, Senegal, South Africa, Sudan*, Syrian Arab Republic*, Tunisia, United Arab Emirates *, and Yemen*. Guinea*, Iraq*, Mali and Venezuela (Bolivarian Republic of) subsequently joined the sponsors. 26. Statements in connection with the draft decision were made by the representative of Tunisia (on behalf of the Group of Arab States), and the observers for Israel, Lebanon, Palestine and the Syrian Arab Republic. 27. Statements in explanation of vote before the vote were made by the representatives of Canada (also on behalf of Australia), Finland (on behalf of the European Union), Guatemala, and United Kingdom of Great Britain and Northern Ireland (on behalf of the European Union).



Observer States of the Human Rights Council.

A/HRC/1/L.10/Add.1 page 7 28. At the request of the representative of Finland (on behalf of the European Union), a recorded vote was taken on the draft decision, which was adopted, as orally revised, by 29 votes to 12 with 5 abstentions. The voting was as follows: In favour: Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, China, Cuba, Ecuador, Gabon, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Pakistan, Peru, Philippines, Russian Federation, Saudi Arabia, Senegal, South Africa, Sri Lanka , Tunisia, Uruguay, Zambia. Canada, Czech Republic, Finland, France, Germany, Japan, Netherlands, Poland, Romania, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland. Cameroon, Ghana, Guatemala, Nigeria, Republic of Korea.

Against:

Abstaining:

29. Statements in explanation of vote after the vote were made by the representatives of Argentina, Japan, Switzerland and Uruguay. 30. For the text of the draft decision as adopted, see chapter IV, section B, decision 2006/106. Incitement to racial and religious hatred and the promotion of tolerance 31. At the same meeting, the representative of Pakistan (on behalf of the Organization of the Islamic Conference) introduced and orally revised draft resolution A/HRC/1/L.16, sponsored by Algeria, Iran (Islamic Republic of)*, Jordan, Lebanon*, Malaysia, Morocco, Oman Pakistan, *, Qatar*, Sudan*, and Tunisia. Afghanistan*, Azerbaijan, Bahrain, Bangladesh, Colombia*, Guinea*, Indonesia, and Saudi Arabia subsequently joined the sponsors. 32. Statements in explanation of vote before the vote were made by the representatives of Canada and Finland (on behalf of the European Union). 33. At the request of the representative of Canada, a recorded vote was taken on the draft decision, which was adopted, as orally revised, by 33 votes to 12 with 1 abstention. The voting was as follows: In favour: Algeria, Argentina, Azerbaijan, Bahrain, Bangladesh, Brazil, Cameroon, China, Cuba, Ecuador, Gabon, Ghana, Guatemala, India, Indonesia, Jordan, Malaysia, Mali, Mauritius, Mexico, Morocco, Nigeria, Pakistan, Peru, Philippines, Russian Federation,

*

Observer States of the Human Rights Council.

A/HRC/1/L.10/Add.1 page 8 Saudi Arabia, Senegal, South Africa, Sri Lanka, Tunisia, Uruguay, Zambia. Against: Canada, Czech Republic, Finland, France, Germany, Japan, Netherlands, Poland, Romania, Switzerland, Ukraine, United Kingdom of Great Britain and Northern Ireland. Republic of Korea.

Abstaining :

34. For the text of the draft decision as adopted, see chapter IV, section B, decision 2006/107. II. PROGRAMME OF WORK FOR THE FIRST YEAR

Draft framework for a programme of work of the Human Rights Council for the first year 35. At the 24th meeting, on 30 June 2006, the observer for Norway introduced and orally revised draft decision A/HRC/1/L.13, submitted by the President. 36. A statement in explanation of his delegation's position was made by the representative of Finland (on behalf of the European Union). 37. The draft decision, as orally revised, was adopted without a vote. For the text as adopted, see chapter IV, section B, decision 2006/105. III. REPORT TO THE GENERAL ASSEMBLY ON THE FIRST SESSION OF THE HUMAN RIGHTS COUNCIL

38. At the same meeting, the Rapporteur and Vice-President, Mr. Musa Burayzat (Jordan), introduced the draft report of the Council (A/HRC/1/L.10) containing the proceedings and the texts of the resolutions acted upon as at the conclusion of its 21st meeting, on 29 June 2006. 39. The draft report was adopted ad referendum on the understanding that the proceedings and all texts of resolutions and decisions adopted, as well as Preside nt's statements agreed upon by the Council by consensus at the first session would be included in the final report. 40. The Council decided to entrust the Rapporteur with the finalization of the report.

A/HRC/1/L.10/Add.1 page 9 IV. RESOLUTIONS AND DECISIONS ADOPTED BY THE COUNCIL, AS WELL AS PRESIDENT'S STATEMENTS AGREED UPON BY THE COUNCIL, AS AT THE CONCLUSION OF ITS 24TH MEETING, ON 30 JUNE 2006

[Note: All resolutions and decisions adopted by the Council, as well as President's statements agreed on by the Council by consensus will be included in the final report.] A. Resolutions

2006/4. The right to development The Human Rights Council, Guided by the Charter of the United Nations, Recalling the Universal Declaration of Human Rights as well as the International Covenant on Economic, Social and Cultural Rights, and the International Covenant on Civil and Political Rights, Recalling also the outcomes of all major United Nations conferences and summits in the economic and social fields, Recalling further the Declaration on the Right to Development adopted by the General Assembly in its resolution 41/128 of 4 December 1986, Stressing the Vienna Declaration and Programme of Action (see A/CONF/157/24) adopted by the World Conference on Human Rights in 1993, Recalling all General Assembly and Commission on Human Rights resolutions on the right to development, Emphasizing the relevant provisions of General Assembly resolution 60/251 of 15 March 2006 establishing the Human Rights Council, Welcoming the outcome of the seventh session of the Commission on Human Rights' Working Group on the Right to Development, held from 9 to 13 January 2006

A/HRC/1/L.10/Add.1 page 10 Bearing in mind paragraph 6 of Assembly resolution 60/251, 1. Endorses the conclusions and recommendations adopted by consensus by the

Workin g Group on the Right to Development at its seventh session in January 2006; 2. Decides to renew the mandate of the Working Group on the Right to

Development for a period of one year; 3. Requests the High-Level Task Force on the Implementation of the Right to

Development to meet for a period of five working days before the end of 2006 with a view to implementing the relevant recommendations contained in the report of the seventh session of the Working Group; 4. Requests the Working Group to meet for a period of five working days in the first

three months of 2007; 5. Requests the Sub-Commission on the Promotion and Protection of Human Rights,

or its successor expert-advice mechanism, to pursue its ongoing work on the right to development in accordance with the relevant provisions of General Assembly and Commission on Human Rights resolutions, and in compliance with decisions to be taken by the Human Rights Council; 6. Requests the Office of the United Nations High Commissioner for Human Rights

to take all the necessary measures and to allocate the necessary resources for the effective implementation of the present resolution; 7. Decides to consider the next report of the Working Group on the Right to

Development at its session in March/April 2007. 22nd meeting 30 June 2006 [Adopted without a vote.]

A/HRC/1/L.10/Add.1 page 11 2006/5. The Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action The Human Rights Council, Recalling General Assembly resolution 56/266 of 27 March 2002 by which it endorsed the Durban Declaration and Programme of Action (A/CONF.189/12, chap. I) adopted by the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, held in Durban, South Africa, from 31 August to 8 Se ptember 2001, Recalling also Commission on Human Rights resolutions 2001/5 of 18 April 2001, 2002/68 of 25 April 2002, 2003/30 of 23 April 2003, 2005/64 of 20 April 2005 and all relevant resolutions of the Commission on Human Rights, 1. Endorses the conclusions and recommendations contained in the report of the

Intergovernmental Working Group on the Effective Implementation of the Durban Declaration and Programme of Action on its fourth session (E/CN.4/2006/18); 2. Requests the Office of the United Nations High Commissioner for Human Rights

to select, in close consultations with the regional groups, five highly qualified experts to study the content and scope of the substantive gaps in the existing international instruments to combat racism, racial discrimination, xenophobia and related intolerance, including but being not limited to the areas identified in the conclusions of the Chair of the high-level seminar that took place during the fourth session of the Intergovernmental Working Group; the group of experts, in consultation with human rights treaty bodies, the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and other relevant mandate-holders, should produce a base document that contains concrete recommendations on the means or avenues to bridge these gaps, including but not limited to the drafting of a new optional protocol to the International Convention on the Elimination of All Forms of Racial Discrimination or the adoption of new instruments such as conventions or declarations; 3. Requests the Committee on the Elimination of Racial Discrimination to conduct a

further study on possible measures to strengthen the implementation of the Convention through additional recommendations or the update of its monitoring procedures;

A/HRC/1/L.10/Add.1 page 12 4. Decides that both documents should be presented to the Intergovernmental

Working Group during its fifth session; 5. Decides also to extend the mandate of the Intergovernmental Working Group on

the Effective Implementation of the Durban Declaration and Programme of Action for a further period of three years; 6. Decides further to remain seized of the issue of racism, racial discrimination,

xenophobia and related intolerance at its second session in September 2006. 24th meeting 30 June 2006 [Adopted without a vote.]

B. Decisions 2006/101. Titles of officers At its 1st meeting, on 19 June 2006, the Human Rights Council decided, without a vote, that its officers would be known as President and Vice-President.

2006/1 02. Extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights The Human Rights Council, Bearing in mind General Assembly resolution 60/251 of 15 March 2006, entitled "Human Rights Council", and in particular its paragraph 6, Stressing the importance of avoiding any protection gap during the transitional period, in accordance with paragraph 6 of that Assembly resolution, 1. Decides to extend exceptionally for one year, subject to the review to be

undertaken by the Council in conformity with General Assembly resolution 60/251, the mandates and the mandate-holders of all the Commission's special procedures, of the

A/HRC/1/L.10/Add.1 page 13 Sub-Commission on the Promotion and Protection of Human Rights as well as the procedure established in accordance with Economic and Social Council resolution 1503 (XLVIII) (1503 procedure), as listed in the annex to the present resolution; 2. Requests, in this regard, the special procedures, the Sub-Commission and

the 1503 procedure to continue with the implementation of their mandates and the Office of the United Nations High Commissioner for Human Rights to continue to provide the necessary support to them; 3. (a) Decides to approve the following arrangements for the transitional period: To consider at its next session the reports of all special procedures submitted to

the sixty-second session of the Commission on Human Rights; (b) That the final session of the Sub-Commission on the Promotion and Protection of

Human Rights shall be convened starting 31 July for a period of up to four weeks, if so decided by the Sub-Commission, including its pre-sessional and in-sessional Working Groups, and shall give due priority to preparing: (i) A paper on the Sub-Commission's record tha t gives its own vision and recommendations for future expert advice to the Council, to be submitted to the Council in 2006; (ii) A detailed list describing the status of all the Sub-Commission's ongoing studies as well as an overall review of its activities, to be submitted to the Council in 2006; 4. Also decides that the Working Groups and the Social Forum of the

Sub-Commission shall be convened to hold their annual sessions in accordance with current practices in order to contribute to the Sub-Commission's paper as described in subparagraph 3 (b) (i) above;

A/HRC/1/L.10/Add.1 page 14 5. Further decides to consider at its forthcoming session all outstanding reports

referred by the Commission on Human Rights to the Human Rights Council. 23rd meeting 30 June 2006 [Adopted without a vote.] Annex IMPLEMENTATION OF GENERAL ASSEMBLY RESOLUTION 60/251: EXTENSION BY THE HUM AN RIGHTS COUNCIL OF ALL MANDATES, MECHANISMS, FUNCTIONS AND RESPONSIBILITIES OF THE COMMISSION ON HUMAN RIGHTS

COMMISSION ON HUMAN RIGHTS Group of independent eminent experts on the implementation of the Durban Declaration and Programme of Action Independent expert appointed by the Secretary-General on the situation of human rights in Haiti Independent expert appointed by the Secretary-General on the situation of human rights in Somalia Independent expert on the situation of human rights in Burundi Independent expert on the situation of human rights in Liberia Independent expert to provide assistance to the Gove rnment of the Democratic Republic of the Congo in the field of human rights Independent expert on the situation of human rights in Uzbekistan (1503 confidential procedure) Independent expert on human rights and international solidarity Independent expert on minority issues Independent expert on the effects of economic reform policies and foreign debt on the full enjoyment of human rights, particularly economic, social and cultural rights

A/HRC/1/L.10/Add.1 page 15 Independent expert on the question of human rights and extreme poverty Personal Representative of the High Commissioner for Human Rights on the situation of human rights in Cuba Special Rapporteur on the situation of human rights in the Sudan Special Rapporteur on the situation of human rights in Myanmar Special Rapporteur on the situation of human rights in the Democratic People's Republic of Korea Special Rapporteur to establish direct contacts with the Government and with the people of Belarus Special Rapporteur on the situation of human rights in the Palestinian territori s occupied e since 19672 Special Rapporteur on adequate housing as a component of the right to an adequate standard of living Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance Special Rapporteur on extrajudicial, summary or arbitrary executions Special Rapporteur on freedom of religion or belief Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights Special Rapporteur on the human rights aspects of the victims of trafficking in persons, especially women and children Special Rapporteur on the human rights of migrants

2

The duration of this mandate has been established until the end of the occupation (cf. Commission on Human Rights resolution 1993/2).

A/HRC/1/L.10/Add.1 page 16 Special Rapporteur on the independence of judges and lawyers Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health Special Rapporteur on the right to education Special Rapporteur on the right to food Special Rapporteur on the sale of children, child prostitution and child pornography Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment Special Rapporteur on violence against women, its causes and consequences Special Representative of the Secretary -General on the issue of human rights and transnational corporations and other business enterprises Special Representative of the Secretary-General for human rights in Cambodia Special Representative of the Secretary-General on the situation of human rights defenders in all parts of the world and on possible means to enhance their protection in full compliance with the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms Representative of the Secretary-General on human rights of internally displaced persons Working Group of experts on people of African descent Working Group on Arbitrary Detention

A/HRC/1/L.10/Add.1 page 17 Working Group on Enforced or Involuntary Disappearances Working Group on the question of the use of mercenaries as a means of violating human rights and impeding the exercise of the right of peoples to self-determination Working Group on Communications of the Sub-Commission on the Promotion and Protection of Human Rights Working Group on Situations SUB -COMMISSION ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS Special Rapporteur entrusted with preparing a detailed study on the difficulties of establishing guilt and/or responsibilities with regard to crimes of sexual violence Special Rapporteur to conduct a detailed study of discrimination in the criminal justice system Special Rapporteur to conduct a detailed study of the universal implementation of international human rights treaties Special Rapporteur to prepare a comprehensive study on corruption and its impact on the full enjoyment of human rights, in particular economic, social and cultural rights Special Rapporteur to undertake a study on human rights and the human genome Special Rapporteur to undertake a study on non-discrimination as enshrined in article 2, paragraph 2, of the International Covenant on Economic, Social and Cultural Rights Special Rapporteur with the task of preparing a comprehensive study on the prevention of human rights violations committed with small arms and light weapons Special Rapporteurs with the task of preparing a comprehensive study on discrimination based on work and descent Social Forum Working Group on Contemporary Forms of Slavery Working Group on Indigenous Populations

A/HRC/1/L.10/Add.1 page 18 Working Group on Minorities

2006/103. The Universal Periodic Review The Human Rights Council, Bearing in mind General Assembly resolution 60/251 of 15 March 2006 entitled "Human Rights Council" and in particular the decis ion of the Assembly that the Human Rights Council shall undertake a universal periodic review based on objective and reliable information, of the fulfilment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States, Taking into consideration that the review shall be a cooperative mechanism, based on an interactive dialogue, with the full involvement of the country concerned and with consideration given to its capacity-building needs and that such a mechanism shall complement and not duplicate the work of treaty bodies, Bearing in mind that Members of the Council shall be reviewed under the universal periodic review mechanism during their term of membership, Also bearing in mind that the General Assembly decided that the Council shall develop the modalities and necessary time allocation for the universal periodic review mechanism within one year after the holding of its first session, as called for in resolution 60/251, Underlining the importance of a comprehensive implementation of Assembly resolution 60/251, 1. Decides to establish an intersessional open-ended intergovernmental working

group to develop the modalities of the universal periodic review mechanism; 2. Decides that the working group shall have at its disposal ten days (or twenty

3-hour meetings) of fully serviced meetings and that it shall allow sufficient time and flexibility for the development of the universal periodic review mechanism;

A/HRC/1/L.10/Add.1 page 19 3. Requests the President of the Council to chair the working group with the

assistance, if necessary, of one or more facilitators from among permanent missions in Geneva, to undertake these open-ended intersessional, transparent, well scheduled and inclusive consultations with the participation of all stakeholders; 4. Decides that informal consultations could begin immediately through an

open-ended consultative process in order to compile proposals and relevant information and experiences, to facilitate open-ended discussions appropriately scheduled by the Chairperson with the involvement of all stakeholders; 5. Requests the Office of the United Nations High Commissioner for Human Rights

to provide the working group with background information on existing mechanisms for periodic review (e.g. the International Labour Organization, World Trade Organization, International Monetary Fund, International Atomic Energy Agency, New Programme for Africa's Development, Organization for Economic Cooperation and Development, Organization of American States and the Council of Europe) and to compile the contributions of all stakeholders; 6. Requests the working group to regularly report to the Council starting in

September 2006 on progress made in the development of modalities and necessary time allocation for the universal periodic review, as requested by paragraphs 5 (e) and 9 of General Assembly resolution 60/251. 23rd meeting 30 June 2006 [Adopted without a vote.]

2006/104. Implementation of paragraph 6 of General Assembly resolution 60/251 The Human Rights Council, Underlining the importance of a comprehensive implementation of General Assembly resolution 60/251 of 15 March 2006,

A/HRC/1/L.10/Add.1 page 20 1. Decides to establish an open-ended intergovernmental working group to

formulate conc rete recommendations on the issue of reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities in order to maintain a system of special procedures, expert advice and a complaint procedure, in conformity with General Assembly resolution 60/251, through open-ended, intersessional, transparent, well scheduled and inclusive consultations, with the participation of all stakeholders; 2. Decides that the Working Group shall have at its disposal twenty days (or forty

3-hour meetings) of fully serviced meetings and that it shall allow sufficient time and flexibility for the fulfilment of its mandate; 3. Requests the President of the Council to chair the Working Group with the

assistance, if necessary, of one or more facilitators from among permanent missions in Geneva, to undertake these open-ended intersessional, transparent, well scheduled and inclusive consultations with the participation of all stakeholders; 4. Decides that informal consultations could begin immediately through an

open-ended consultative process in order to compile proposals and relevant information and experiences, and to facilitate open-ended discussions appropriately scheduled by the Chairperson with the involvement of all stakeholders; 5. Requests the Office of the United Nations High Commissioner for Human Rights

to provide the Working Group with background information on the functioning of the mandates and mechanisms and to compile the contributions of all stakeholders, including the inputs of the special procedures, the Sub-Commission for the Promotion and Protection of Human Rights and non-governmental organizations; 6. Requests the Working Group to regularly report to the Council, starting in

September 2006, on progress made to allow for the completion of the review, as requested by paragraph 6 of General Assembly resolution 60/251. 23rd meeting 30 June 2006 [Adopted without a vote.]

A/HRC/1/L.10/Add.1 page 21 2006/105. Draft framework for a programme of work of the Human Rights Council for the first year At its 24th meeting, on 30 June 2006, the Human Rights Council decided, without a vote, to adopt the following draft framework for a programme of work of the Council for the first year, taking into account the transitional character of that period: Draft framework for a programme of work

Session 2
September 2006 (3 weeks) 18 September October -6

Session 3
December 2006 (2 weeks) 27 November-8 December

Session 4
March/April 2007 (4 weeks) 12 March -6 April

1. Reports of mechanisms and mandates
Reports of the special procedures in accordance with Council decision 2006/102. Interactive dialogues. (Order/grouping of reports to be decided in an orderly and non-selective manner.) Reports, studies and other documents prepared by the Secretariat, the High Commissioner, OHCHR or the Secretary -General requested by the Commission on Human Rights. Reports of the Sub-Commission Report(s) of the 1503 procedure New reports of the special procedures. Interactive dialogues. (Order/grouping of reports to be decided in an orderly and non-selective manner.)

2. Review and institution-building
Progress reports of intersessional mechanisms on inter alia: · Universal Periodic Review (UPR); · Review of mandates, mechanisms, functions and responsibilities. Progress reports and further discussion or decisions on intersessional mechanisms on inter alia: · Universal Periodic Review (UPR); · Review of mandates, mechanisms, functions and responsibilities. Methods of work Agenda Decisions on: · Universal Periodic Review (UPR); · Review of mandates, mechanisms, functions and responsibilities. Methods of work Agenda

A/HRC/1/L.10/Add.1 page 22

3. Other substantive issues
Update by the High Commissioner for Human Rights Update by the High Commissioner for Human Rights · Annual report by the High Commissioner for Human Rights. · Interactive dialogue with the High Commissioner on reporting. Other issues related to the promotion and protection of human rights, including initiatives/issues/decisions/ resolutions by delegations to be communicated through the Secretariat, if possible, a minimum of 15 days in advance of the session. Other issues related to the promotion and protection of human rights, including initiatives/ issues/decisions/resolutions by delegations to be communicated through the Secretariat, if possible, a minimum of 15 days in advance of the session. Other issues related to the promotion and protection of human rights, including initiatives/issues/decisions/ resolutions by delegations to be communicated through the Secretariat, if possible, a minimum of 15 days in advance of the session.

2006/106. Human rights situation in Palestine and other occupied Arab territories The Human Rights Council, Taking into account the statements made during its first session concerning the human rights situation in Palestine and other occupied Arab territories, 1. Requests the relevant special rapporteurs to report to the next session of the

Council on the Israeli human rights violations in occupied Palestine; 2. Decides to undertake substantive consideration of the human rights violations

and implications of the Israeli occupation of Palestine and other occupied Arab territories at its next session and to incorporate this issue in following sessions. 24th meeting 30 June 2006 [Adopted by a recorded vote of 29 to 12, with 5 abstentions.]

A/HRC/1/L.10/Add.1 page 23 2006/107. Incitement to racial and religious hatred and the promotion of tolerance The Human Rights Council, Taking into account the statements made during its first session expressing deep concern over the increasing trend of defamation of religions, incitement to racial and religious hatred and its recent manifestations, Decides to request the Special Rapporteur on freedom of religion or belief and the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance as well as the United Nations High Commissioner for Human Rights to report to the next session on this phenomenon, in particular its implications for article 20, paragraph 2, of the International Covenant on Civil and Political Rights. 24th meeting 30 June 2006 [Adopted by a recorded vote of 33 to 12, with 1 abstention.] C. President's statements 2006/PRST.1 The entry into force of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment At the first session of the Human Rights Council, held from 19 to 30 June 2006, in connection with the Council's consideration of the item entitled "Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled `Human Rights Council'", the President of the Council made a statement which: 1. Welcomes the entry into force, on 22 June 2006, of the Optional Protocol to the

Convention against torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, following ratification by 20 States; 2. Reiterates General Assembly resolution 60/148 of 16 December 2005, which inter

alia "calls upon States parties to give early consideration to signing and ratifying the

A/HRC/1/L.10/Add.1 page 24 Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which provides further measures for use in the fight against and prevention of torture and other cruel, inhuman or degrading treatment or punishment"; 3. Requests the Secretary-General to ensur e, within the overall budgetary framework

of the United Nations, the provision of adequate staff and facilities for the bodies and mechanisms involved in combating torture and assisting victims of torture commensurate with the strong support expressed by Member States for combating torture and assisting victims of torture. 2006/PRST.2 Hostage-taking At the first session of the Human Rights council, held from 19 to 30 June 2006, in connection with the Council's consideration of the item entitled "Implementation of General Assembly resolution 60/251 of 15 March 2006 entitled `Human Rights Council'", the President of the council made a statement which: 1. Reaffirms that all acts of hostage -taking, wherever and by whomever committed,

are a serious crime aimed at the destruction of human rights and are, under any circumstances, unjustifiable; 2. Strongly condemns all acts of hostage -taking anywhere in the world, in particular

the most recent acts of hostage -taking, including the murder of four diplomats of the embassy of the Russian Federation in Baghdad, as well as other cases of hostage -taking involving civilians in Iraq; 3. Reaffirms that hostage -taking calls for concerted efforts on the part of all States

and the international community, acting in full compliance with international humanitarian law and international human rights standards, in order to bring such abhorrent practices to an end. -- -- -