The UN Human Rights Council 10th Session (14 September - 2 October, 2009) and Human Rights Education

1. Substantive Session

During the 12th session (14 September - 2 October, 2009) of the UN Human Rights Council, human rights education and training were dealt with under Agenda Items 3 and 5.

As for the second phase of the World Programme for Human Rights Education (WPHRE), the report of the UN High Commissioner for Human Rights entitled “Consultation on the Focus of the Second Phase of the World Programme for Human Rights Education” was made available (A/HRC/12/36 of 20 August 2009).

The Platform for Human Rights Education and Training announced that Senegal had newly joined the Platform at the second informal meeting of Member States held by the Platform on 23 September for consultation on the draft resolution on the WPHRE which was open to the public including NGOs. Now the Platform is comprised by 7 Member States: Costa Rica, Italy, Morocco, Slovenia, Philippines, Senegal and Switzerland.

In the general debate on 18 September under Agenda Item 3, Slovenia on behalf of the Platform spoke at the plenary meeting of the Council. It referred to the draft resolution prepared by the lead of Costa Rica on behalf of the Platform, called upon all Member States and other stakeholders to support the proposed focus of the second phase of the WPHRE and emphasized that the WPHRE structured in consecutive phases could contribute in the short, medium and long terms, to the promotion of a worldwide culture of human rights, equality, prevention of conflicts and human rights violations, and enhancement of democratic processes.

Colombia, on behalf of the GRULAC (Group of Latin American and Caribbean States), under the same Agenda Item welcomed the proposal on the second phase of the WPHRE prepared by the Platform. It stressed the importance of continuous efforts to implement the first phase which the proposed focus of the second phase should also help to facilitate. It called upon all Member States to continue to develop initiatives for human rights education within the framework of the WPHRE and to contribute their input in the drafting process of a UN declaration on human rights education and training.

Bosnia-Herzegovina, as a post-conflict country, expressed its support to the proposed focus of the second phase and all kinds and means of promotion of human rights as a crucial factor to building a more just future for all citizens of all countries. It referred to its national efforts for teaching programmes in primary and secondary schools including human rights and democracy education, which were yet to overcome several challenges to full implementation with defined goals.

NGOs also took the floor with a joint statement of 13 organisations supporting the draft resolution prepared by the Platform. In the statement, the NGOs called upon the Member States to ensure (i) maintenance and development of any activity initiated during each phase; (ii) a national plan of action to be prepared by each country; (iii) a vital role to be played by civil society actors in all Phases, and that establishing a voluntary fund for human rights education within the UN would substantially assist civil society in this area; and (iv) a national evaluation report of the first phase to be prepared by all Member States for which the respective Member State could be held accountable.

In the general debate on 28 September under Agenda Item 5, a few statements were made regarding the drafting process of a UN declaration on human rights education and training.

Morocco on behalf of the Platform briefly reported on the Marrakech Seminar held from 16-17 July in Morocco at which concrete elements for the drafting of the declaration were contributed by participants. Based on the outcome of the Marrakech Seminar and the ongoing drafting process, Morocco mentioned the need for a high level discussion at the 13th session of the Council (March 2010) in order to provide and confirm high level support to this initiative, stating that for this purpose the Platform would submit a draft decision to the current session of the Council.

Senegal, as the latest and a new Member State of the Platform, expressed its commitment to support the initiative of the Platform of the draft declaration. Senegal mentioned its view that the draft declaration should take into account inter alia issues on illiteracy, access to information technology, poverty reduction, and the gender dimension. It also mentioned the usefulness of scientific contributions from academic and university circles, parliaments and local communities, and the need for sharing good practices and financing for high quality education.

The Advisory Council on Human Rights of Morocco (National Human Rights
Institution) emphasized that the declaration should be drafted with a strong definition of human rights education and training which would effectively raise awareness among people of their own rights and to the need to defend those of others. It also stated that the declaration should indicate the importance of NHRIs as key actors and expressed the wish that human rights education and training would be considered by the declaration as a strong indicator of school education quality and as a determinant factor in the promotion of a culture of gender equality.

NGOs also took the floor on 30 September under the same Agenda Item, in a joint statement of 15 organisations. In the statement, the NGOs emphasized on the need for: (i) further consultation with stakeholders on the first draft before the March 2010 session of the Council; and (ii) an interactive dialogue on the first draft of the declaration during the High Level Segment of the March 2010 session of the Council.

2. Resolution on the World Programme for Human Rights Education*

(* Draft resolution number: A/HRC/10/L.9. The resolution will be officially numbered by the Office of the UN High Commissioner for Human Rights, and be available on the website of the Human Rights Council 12th session later.
http://www2.ohchr.org/english/bodies/hrcouncil/12session/documentation.htm )

Costa Rica on behalf of the Platform introduced the draft resolution to the Council on 1 October, mentioning the support and impetus provided by NHRIs and NGOs. The draft resolution was eventually cosponsored by 58 UN Member States including those of the Platform which were the main sponsors of the draft resolution.

From the first to the second phase

The resolution was adopted by consensus of the Council on 1 October, and it was thereby decided that the second phase of the WPHRE would focus “on human rights education for higher education and on human rights training programmes for teachers and educators, civil servants, law enforcement officials and military personnel at all levels” for five years, 2010-2014
(paras.2 and 4).

The Council also “Encourages States that have not yet taken steps to incorporate human rights education in the primary and secondary school system to do so, in accordance with the Plan of Action of the first phase of the World Programme” (para.3).

The Council requested the Office of the UN High Commissioner for Human Rights to “prepare, within existing resources, in cooperation with relevant intergovernmental organizations, in particular the United Nations Educational, Scientific and Cultural Organization (UNESCO) and non-governmental actors, consult States on and submit for consideration to the 15th session of the Human Rights Council (September 2010), a plan of action for the second phase of the World Programme (2010-2014), (…)”
(para.4).

The Council also reminded “Member States of the need to prepare and submit their national evaluation reports on the first phase” to the United Nations Inter-Agency Coordinating Committee on Human Rights Education in the School System of the WPHRE (UNIACC). Based on those reports, the UNIACC will prepare the report on the first phase for submission to the General Assembly sixty-fifth session in 2010 according to the plan of action of the first phase (paras.5 and 6).

Prior to its adoption, two informal meetings for consultation on the draft resolution were held on 17 and 23 September. While the proposed focus was well accepted, several delegates raised questions on (i) financial implications particularly in terms of preparation of a plan of action; and
(ii) the relation between human rights education and the right to education.
The question on financial implications was eventually formulated in the resolution as “(…) within existing resources, (…)” and so adopted. In respect of question (ii), the relevant paragraph contained in the very first draft, “(…) human rights education is widely considered as an integral part of the right to education (…)” was deleted at the first consultation meeting as this definition was questioned by several delegates and eventually considered irrelevant in this resolution.

The focus of the second phase may seem to be too wide of a range to be a focus for 5 years duration. There is an evident intention of the Platform to synchronise the second phase with the draft declaration on human rights education and training. In order to make best use of the WPHRE, the identification of duty-bearers should also be critical in drafting a plan of action for the second phase.

While the second phase is to be launched in January 2010, a plan of action will not be ready until September 2010. According to informal talks with the Platform and the OHCHR officers, this time gap was unavoidable in consideration of the need for sufficient preparatory time and necessary technical arrangements. Until then, all actors including Member States are expected to take possible actions for both the national evaluation report on the first phase and implementation of the second phase.

3. Decision on the United Nations Declaration on Human Rights Education and
Training*

(* Draft decision number: A/HRC/10/L.11.)

The draft decision was prepared by the Platform and was eventually cosponsored by 63 UN Member States including the 7 Member States of the Platform. Introducing the draft decision, Morocco on behalf of the Platform addressed the Council reminding Member States that the first draft of the declaration was to be prepared and submitted by the CAC to the 13th session of the Council to which end effective intergovernmental negotiation should be ensured. In order to facilitate such a negotiation by the Council, the draft decision was proposed by the Platform.

High level discussion on the first draft at the Human Rights Council session in March 2010

The decision was adopted by consensus of the Council on 1 October, by which the Council decided to “hold a high-level discussion on the draft declaration during its thirteenth session” (para.2) in March 2010. The first draft of the declaration will be the substantial material for the planned high-level discussion.