The Human Rights Law Centre works with international NGOs to highlight the human rights challenges presented by COVID-19 globally and to ensure that UN human rights mechanisms, such as Human Rights Council and Special Procedures, can support countries like Australia in implementing human rights based responses to COVID-19, and hold them to account when they fail to do so.

Recently Human Rights Law Centre, along with 10 other international human rights NGOs, signed a joint statement supporting the work of the UN human rights experts in response to the COVID-19 pandemic, and calling on all UN member states to do the same. The UN experts have joined in releasing a general call for states to recognize and address all human rights during the COVID-19 crisis, and not just focus on public health and emergency measures.

How is COVID-19 affecting the work of the Human Rights Council and other UN human rights mechanisms?

Given the circumstances surrounding COVID-19, the Human Rights Council suspended its 43rd session on 13 March. Before suspending the session, the Council extended all mandates and mandated activities that would have otherwise expired until the resumption of the 43rd session, and appointed 19 new Special Procedure mandate holders.

On 14 May, the Council President advised that the 43rd session will resume on 15 June, and the 44th session will open on 22 June 2020. There will be no side events and informal meetings will not be held at the same venue. Restrictions will be in place on the number of attendees and other matters. The agenda for the 43rd session will continue where it left off (with four days to go). 

All treaty body committee sessions have been temporarily postponed until June, with suspended sessions postponed to upcoming sessions scheduled after June, and submission deadlines postponed accordingly. Complaints procedures are functioning normally, but with a 2-month deadline extension for State responses.

What impact is COVID-19 having on UN human rights activities in Australia?

Australia’s Third UN Universal Periodic Review will now take place in January/February 2021 (originally scheduled November 2020).  All civil society and national human rights institution UPR reports for the session are due to the OHCHR by 9 July 2020 (originally scheduled 26 March 2020). The Australian Government’s report is still due 3 August 2020. Australia’s UN UPR NGO Coalition and the Australian Human Rights Commission will be commencing political advocacy surrounding their UPR reports in October/November 2020, after they submit their reports and closer to Australia’s review.

The UN Subcommittee on Prevention of Torture (SPT) has postponed its visit to Australia (originally scheduled 29 March – 9 April) until further notice. The SPT has advised all National Preventive Mechanisms to continue their preventative visits in the meantime where possible, including, if required, to places of quarantine. 

The UN Working Group on Arbitrary Detention was intending to visit Australia in late May. We are awaiting advice on their plans in relation to Australia in light of the current travel restrictions. 

What are UN experts saying about COVID-19 and human rights?

On 9 April, Michelle Bachelet, UN High Commissioner for Human Rights held the Human Rights Council’s  first ever virtual informal conversation to discuss the impact of COVID-19 on human rights. Bachelet made a statement describing the crisis as a “colossal test of leadership” that demands “decisive, coordinated and innovative action from all, and for all.”

On 14 April, António Guterres, UN Secretary-General released a video statement, describing the COVID-19 pandemic as a time “for science and solidarity”, and avoiding the spread of misinformation. The message followed Guterres’ earlier call for a global ceasefire and focus on diplomatic action and the delivery of lifesaving aid to people experiencing or at risk of COVID-19.

Special Procedures have issued a number of recommendations to states and other stakeholders through various multimedia (videos, press releases and podcasts) on the impact of COVID-19 on a broad range of human rights issues. They have also released a joint statement calling on all UN member states to address all human rights during the COVID-19 crisis, and not just focus on public health and emergency measures. On 30 April, the Special Procedures held a virtual informal conversation with the Human Rights Council to discuss the work done so far by mandate holders on COVID-19 (see HRLC’s Joint Submission [insert hyperlink]). 

The Human Rights Council has adopted (by ‘silence procedure’) a statement made by Council President Elizabeth Tichy-Fisslberger on the human rights implications of the COVID-19 pandemic. The statement calls on the High Commissioner for Human Rights to prepare a report on the impact of the COVID-19 pandemic on the enjoyment of human rights around the world, including good practices and areas of concern, and to present the report to the Council at its 46th session. The statement also invites the High Commissioner to give oral updates on the situation at the 44th and 45th sessions of Council.