20 November 2018: The UN General Assembly’s (UNGA) Third Committee (Social, Humanitarian and Cultural) completed its 73rd session, passing eight draft resolutions on protecting children’s rights and human rights, and respecting privacy in the digital age, among other topics. The Committee also discussed indigenous peoples’ and migrants’ rights, the impact of privatization on human rights, and other issues.

On rights of the child, the Committee approved its annual draft resolution on, titled ‘Rights of the child’ (document A/C.3/73/L.26/Rev.1), without a vote. The resolution recognizes the rights of the child with respect to education, health and food and addresses issues such as child labor, violence against children, including migrant children, and protection of children in difficult situations. Mexico withdrew its co-sponsorship of the resolution after being a co-sponsor for many years, explaining that the Committee had reopened discussions and “taken steps backwards in many areas which have a profound social impact.” He recognized every country has different realities, but emphasized there are “limits to our beliefs and responsibility, particularly when speaking about children” and expressed regret that delegates did not support Mexico’s language on ensuring children’s access to sexual and reproductive health. Australia supported Mexico’s amendment on such access, stressing the importance of upholding children’s rights to access high-quality sexual and reproductive health services. Uruguay, Comoros for the African Group, and others did not support Mexico’s suggestion on addressing access to sexual and reproductive health. Mexico’s oral amendment was rejected by a recorded vote, with 74 against, 11 in favor and 81 abstentions.

On human rights, the Committee approved the Resolution titled, ‘The promotion and protection of human rights and fundamental freedoms, including the rights to peaceful assembly and freedom of association’ (document A/C.3/73/L.41/Rev.1) by a vote of 140 in favor to none against, with 38 abstentions. Introducing the draft, the US said violations of fundamental freedoms also take place online, explaining that the resolution aims to highlight the victims, including human rights defenders and student protestors. Austria for the EU welcomed the initiative, underscoring the importance of individual freedoms in the development of peaceful societies. Australia welcomed the inclusion of language on the UN Human Rights Council. Ukraine observed that the exercise of rights to freedom of association and peaceful assembly are a fundamental pillar of democracy.

On privacy in the digital age, the Committee approved the draft resolution titled, ‘The right to privacy in the digital age,’ (document A/C.3/73/L.49/Rev.1) without a vote. Brazil, which introduced the draft, also for Germany, said the resolution builds on previous resolutions by including additional analysis on artificial intelligence (AI) and recommending gender-responsive policies by acknowledging linkages between the protection of the right to privacy and efforts to tackle gender-based violence. The resolution calls on Member States to end violations of the right to privacy and to prevent them, including by ensuring that relevant national legislation complies with international human rights law. The resolution calls on businesses to inform users in “an intelligible and easily accessible way” about the collection, use, sharing and retention of their data that may affect their right to privacy.

On corruption, the Committee approved a resolution on ‘Special Session of the General Assembly against Corruption’ (document A/C.3/73/L.16/Rev.1). In the resolution, the UNGA decides to convene a special session on challenges and measures to prevent and combat corruption and strengthen international cooperation, in the first half of 2021. The session will adopt an action-oriented political declaration.

On the private sector, Special Rapporteur on Extreme Poverty and Human Rights Philip Alston cautioned that there is a “striking disconnect” between the idealized narrative around privatization and the findings of many studies, saying that private sector projects are often costlier and provide inferior service at a profit. He emphasized that privatization is premised on assumptions that are fundamentally different from those that underprin human rights.

Special Rapporteur of Human Rights to Safe Drinking Water and Sanitation Leo Heller similarly raised concerns about the human rights of the poor in situations in which the State plays a weaker role in the provision and regulation of water and sanitation, underscoring that there is no agreed definition of accountability. Delegates also addressed human rights concerns related to the education of refugees and migrants, adequate housing and physical and mental health, hearing reports from Special Rapporteurs on those topics.

On indigenous peoples’ rights, the Committee recognized the role of self-governance and multilateral support in fulfilling the aims of the UN Declaration on the Rights of Indigenous Peoples (DRIP). Special Rapporteur on the Rights of Indigenous Peoples Victoria Tauli-Corpuz told the Committee that nearly every indigenous group faces “extreme marginalization and human rights violation,” and stressed the need to protect and promote indigenous institutions and governance systems. She said she would focus on the right to autonomy and self-determination over the next year, and urged Member States to provide recommendations on strengthening self-governance.

On refugee rights, the Committee called for a “whole-of-globe” approach to ensure that all countries do their fair share to support refugees, with many delegates expressing support for the Global Compact on Refugees. UN High Commissioner for Refugees (UNHCR) Filippo Grandi observed that “in rare cases” compassion for refugees has prevailed, highlighting Bangladesh’s handling of the 2017 Rohingya refugees. He called for an increased sense of dignity, human rights and shared humanity for refugees, underscoring the importance of common purpose and multilateralism in finding solutions. He informed that UNHCR is moving towards a decentralized model, with empowered country offices facilitating authority closer to points of delivery.

Turkey, noting that it is the world’s largest host of refugees, said it would welcome more countries’ assuming moral, political and legal responsibilities for refugees “for the sake of humanity and human dignity.” Iran said the Global Compact should ensure that States share burden and responsibility in a predictable, equitable, efficient and effective manner. Mexico shared how it has managed refugee influxes from Central America through an identification and registration process that informs asylum seekers of their rights and identifies vulnerable persons or those that require special attention. Delegates also raised concerns related to: protracted refugees situations; financing gaps; education for refugees; linkages between humanitarian and development efforts; and implementation of the Global Compact.

The Committee also approved resolutions on: ending extrajudicial killings; terrorism and human rights; strengthening the UN crime prevention and criminal justice programme.

The Committee concluded its work on 20 November 2018 by approving a tentative work programme for its 74th session. Egypt, Myanmar and the UK then took the floor to recite poems about the Third Committee’s work. [UN Meeting Coverage of Third Committee Final Session] [UN Meeting Coverage of Third Committee Discussion on Indigenous Rights] [UN Meeting Coverage of Third Committee Discussion on Women’s and Children’s Rights] [UN Meeting Coverage of Third Committee Discussion on Migrants Rights] [UN Meeting Coverage of Special Rapporteurs Discussion] [Egypt Poem Lecture]