Tuesday, January 25, 2022

UNHRC Resolution 48/7 Negative impact of the legacies of colonialism

 United Nations                 A/HRC/RES/48/7

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General Assembly                                           Distr.: General

                                                                                                     14 October 2021

                                                                                                    Original: English


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Human Rights Council
Forty-eighth session

13 September–11 October 2021

Agenda item 3

Promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development 

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    Resolution adopted by the Human Rights Council on 8 October 2021

48/7.      Negative impact of the legacies of colonialism on the enjoyment of human rights

                 The Human Rights Council,

Guided by the purposes and principles of the Charter of the United Nations,

Recalling the Universal Declaration of Human Rights, which states that all human beings are born free and equal in dignity and rights,

Recalling also all relevant international human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights,

Recalling further the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Durban Declaration and Programme of Action,

Acknowledging the crucial role of the General Assembly and its Special Committee on the Situation with regard to the implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples on the matters of decolonization,

Reaffirming that the existence of colonialism in any form or manifestation, including economic exploitation, is incompatible with the Charter, the Declaration on the Granting of Independence to Colonial Countries and Peoples and the Universal Declaration of Human Rights, and regretting that measures to eliminate colonialism by 2020, as called for by the General Assembly in its resolution 65/119 of 10 December 2010, have not been successful,

Acknowledging that the period 2021–2030 is the Fourth International Decade for the Eradication of Colonialism designated by the General Assembly,[1] and that all Member States, the specialized agencies and other organizations of the United Nations system, and other governmental and non-governmental organizations are invited to actively support and participate in the implementation of the plan of action for the Decade,

Stressing the role of the Human Rights Council in promoting universal respect for human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, on the same footing and with the same emphasis,

Recognizing with concern that the legacies of colonialism, in all their manifestations, such as economic exploitation, inequality within and among States, systemic racism, violations of indigenous peoples’ rights, contemporary form of slavery and damage to cultural heritage, have a negative impact on the effective enjoyment of all human rights,

Recognizing that colonialism has led to racism, racial discrimination, xenophobia and related intolerance, and that Africans and people of African descent, Asians and people of Asian descent and indigenous peoples were victims of colonialism and continue to be victims of its consequences,

Expressing deep concern at the violations of human rights of indigenous peoples committed in colonial contexts, and stressing the need for States to take all measures necessary to protect rights and ensure the safety of indigenous peoples, especially indigenous women and children, to restore truth and justice and to hold perpetrators accountable,

1.     Stresses the utmost importance of eradicating colonialism and addressing the negative impact of the legacies of colonialism on the enjoyment of human rights;

2.     Calls for Member States, relevant United Nations bodies, agencies and other relevant stakeholders to take concrete steps to address the negative impact of the legacies of colonialism on the enjoyment of human rights;

3.     Reaffirms that persecution of members of any identifiable group, collective or community on racial, national, ethnic or other grounds that are universally recognized as impermissible under international law, and the crime of apartheid, constitute serious violations of human rights and, in some cases, qualify as crimes against humanity;

4.     Urges States to refrain from the forced assimilation of persons belonging to minorities, including indigenous populations, and to work to ensure that educational curricula and other materials do not stereotype minorities and indigenous populations on the basis of their ethnicity;

5.     Invites United Nations human rights mechanisms and procedures, in fulfilling their mandates, to continue to pay attention to the negative impact of the legacies of colonialism on the enjoyment of human rights;

6.     Decides to convene a panel discussion at its fifty-first session and to make the discussion fully accessible to persons with disabilities, and invites Member States, relevant United Nations bodies and agencies, international organizations, national human rights institutions, non-governmental organizations and other stakeholders to participate in the panel discussion, to identify challenges in addressing the negative impact of the legacies of colonialism on human rights, and to discuss ways forward, and requests the Office of United Nations High Commissioner for Human Rights to prepare a summary report on the panel discussion, including in an accessible format, and to submit it to the Human Rights Council at its fifty-fourth session;

7.     Requests the United Nations High Commissioner for Human Rights to provide all resources necessary for the services and facilities for the above-mentioned panel discussion;

8.     Decides to remain seized of the matter.

42nd meeting
8 October 2021

[Adopted by a recorded vote of 27 to 0, with 20 abstentions. The voting was as follows:

In favour:

Argentina, Armenia, Bahamas, Bangladesh, Bolivia (Plurinational State of), Brazil, Burkina Faso, Cameroon, China, Côte d’Ivoire, Cuba, Eritrea, Fiji, Gabon, India, Indonesia, Malawi, Mexico, Namibia, Nepal, Pakistan, Philippines, Russian Federation, Somalia, Sudan, Uruguay and Venezuela (Bolivarian Republic of)

Abstaining:

Austria, Bahrain, Bulgaria, Czechia, Denmark, France, Germany, Italy, Japan, Libya, Marshall Islands, Mauritania, Netherlands, Poland, Republic of Korea, Senegal, Togo, Ukraine, United Kingdom of Great Britain and Northern Ireland and Uzbekistan]

                                        



                        [1]    General Assembly resolution 75/123.