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ОРГАНИЗАЦИЯ ОБЪЕДИНЕННЫХ НАЦИЙ A ГЕНЕРАЛЬНАЯ АССАМБЛЕЯ Distr. GENERAL A/HRC/4/18 5 February 2007 RUSSIAN

This means that everybody is entitled to administrative remedies in case of violations of his/her right to food. 37. (...) The Special Rapporteur believes that there is a lack of information provided on this kind of remedies and a lack of trust from the population as to their effectiveness. (...) However, he is concerned that many people with whom he discussed were not aware of the availability of remedies in cases of violations or did not believe in their effectiveness.

. __________________ 11 Например, Dinah Shelton, Remedies in International Human Rights Law (Oxford, Oxford University Press, 2006); Gwynne Skinner, Robert McCorquodale and Olivier De Schutter, “The Third Pillar: Access to Judicial Remedies for Human Rights Violations by Transnational Business” (International Corporate Accountability Roundtable, CORE and European Coalition for Corporate Justice, 2013); Amnesty International, Injustice Incorporated: Corporate Abuses and the Human Right to Remedy (London, 2014); May Miller-Dawkins, Kate Macdonald and Shelley Marshall, “Beyond effectiveness criteria: the possibilities and limits of transnational non-judicial redress mechanisms” (2016); и Juan José Álvarez Rubio and Katerina Yiannibas, eds., “Human Rights in Business: Removal of Barriers to Access to Justice in the European Union”(Abington, Routledge, 2017). 12 См. www.ohchr.org/EN/Issues/Business/Pages/ImplementationGP.aspx. (...) Следовательно, отсутствие какого-либо одного из этих элементов подорвет общую эффективность средств правовой защиты. __________________ 48 См. Dinah Shelton, Remedies in International Human Rights Law. 49 Ibid. 50 См.

Practical and legal barriers to judicial remedies both at the domestic and extra-territorial levels have been widely documented across different jurisdictions, yet limited action has been taken so far by States to address those challenges in a systematic manner.

A/HRC/19/81 4 GE.12-10410 Commissioner, Commission on Human Rights (Appointed May 2008): Special Areas of Coverage: Human Rights and Peacebuilding, Administration of Justice and HRts. Remedies, Child Rights Center (including Children in Armed Conflict) Women’s HR Center, Education, Research, and Advocacy, EJKillings, Torture, E. (...) Law  U.N. Law and Legal Remedies  Governance and Human Rights  Member, Philippine Working Group for the ASEAN Intergovernmental Commission on Human Rights and the ASEAN Commission on the Promotion and Protection of the Rights of Women and Children A/HRC/19/81 6 GE.12-10410 Highlights from 20 years in law, development, human rights, and journalism:  Resource Person, Philippine Senate − towards ratification of the ASEAN Charter  Resource Person on Universal Periodic Review process − U.N.

GE.08-16413 (R) 161008 161008 A/CONF.211/PC.3/5 page 2 Annex CONTRIBUTION OF THE ASIAN REGION TO THE DURBAN REVIEW CONFERENCE Reaffirming the Durban Declaration and Programme of Action, adopted at the World Conference against Racism in 2001, as a landmark document in global efforts to eradicate racism, racial discrimination, xenophobia and related intolerance, Recalling the 2001 Tehran Declaration and Programme of Action by the Asian Preparatory Meeting, Reaffirming the values and principles of human dignity and equality enshrined in the Charter of the United Nations, the Universal Declaration of Human Rights, Recalling the United Nations Declaration on the Granting of Independence to Colonial Countries and Peoples of 1960, Stressing the importance of the International Convention on the Elimination of All Forms of Racial Discrimination and other relevant international conventions and declarations which contribute to the fight against racism and racial discrimination, Emphasizing the will and determination of all Governments of the region to combat racism, racial discrimination, xenophobia and related intolerance in all their forms and manifestations, Reaffirming that genuine acceptance of cultural diversity, as a permanent feature of our societies, is a cherished asset for the advancement and welfare of humanity at large, Reiterating the need to intensify the struggle to eliminate all Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance throughout the world including Contemporary Forms of Racism, Racial Discrimination, Xenophobia and Related Intolerance, especially its most worst forms, Recognizing that, while the significance of national and regional particularities and various historical, social and cultural particularities must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to adopt appropriate strategies and policies in combating all acts of racism, racial discrimination, xenophobia and related intolerance, A/CONF.211/PC.3/5 page 3 Recalling that the Vienna Declaration and Programme of Action adopted by the World Conference on Human Rights in June 1993 regards the elimination of racism and racial discrimination, in particular resulting from doctrines of racial superiority or exclusivity or contemporary forms and manifestations of racism, as a primary objective for the international community, Emphasizing that racism, racial discrimination, xenophobia and related intolerance are affronts to the dignity of humankind and constitute a flagrant violation of human rights, Stressing the importance of the promotion and protection of the human rights of ethnic, national, racial and cultural, religious, linguistic minorities, indigenous people and migrants, including their rights to maintain their cultural identity and observe their values and traditions, Noting with concern that since the 2001 Durban World Conference, racism, racial discrimination, xenophobia and related intolerance have not abated, and even appear to be on the rise in certain parts of the world, Expressing concern at the rise of political platforms that espouse racist and xenophobic ideologies and related intolerance, Expressing concern at the high incidents of racially-motivated acts of violence and intolerance aimed at minorities, migrants, and other groups of Asian decent living in other continents, Bearing in mind that the adequate and clear resolution of past problems caused by racially and ethnically discriminatory policies and practices could contribute to preventing the recurrence of such policies and practices and to friendship and peaceful relations among peoples and nations, Alarmed by the emergence of racism, racial discrimination, xenophobia and related intolerance in its more subtle contemporary forms, and other ideologies and practices based on racial or ethnic discrimination or superiority, Recalling opposition to all forms of racism, racial discrimination, xenophobia and related intolerance and expressing serious concern on the resurgence of contemporary forms of such abhorrent crimes in various parts of the world, Condemning any kind of discrimination, exclusion or preference on the grounds of race, colour, descent, or national or ethnic origin as well as on the grounds of culture, religion and language which constitutes an offence to humanity and an obstacle to friendly and peaceful relations among peoples and nations, A/CONF.211/PC.3/5 page 4 Reaffirming our commitment to combat contemporary manifestations of racism, racial discrimination, xenophobia and related intolerance, Recognizing that the historical, social and cultural contribution of all the people of Asia, which has always been characterized by respect, tolerance and mutual understanding, has enriched the civilizational and cultural diversity of the world and the common heritage of humanity, Emphasizing the importance of the equitable participation of all peoples and nations, without any discrimination, in their domestic as well as global decision-making, Recognizing the need to protect and promote the rights of ethnic, racial, cultural, national and linguistic minorities, as well as the need to counter the social exclusion and marginalization of such minorities, Reaffirming the right of all peoples to live in a society free of racism, racial discrimination, xenophobia and related intolerance, as well as the duty of Governments to take prompt, decisive and appropriate measures to eliminate all forms of racial discrimination, Reaffirming that colonization by settlers and foreign occupation constitute sources, causes and forms of racism, racial discrimination, xenophobia and related intolerance, Expressing concern that racism, racial discrimination, xenophobia and related intolerance are among the root causes of many internal and international conflicts, including armed conflicts, Taking note with appreciation of the ongoing progress made by States at the national, regional and international levels, focusing on the comprehensive follow-up to the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance and the effective implementation of the Durban Declaration and Program of Action, Confirming that all Governments should support the ongoing efforts to promote harmony and friendly relations amongst the various cultures, religions and civilizations, Emphasizing that respect for religions and their protection from contempt is an essential element conducive for the exercise by all of the right to freedom of thought, conscience and religion, A/CONF.211/PC.3/5 page 5 Recognizing with deep concern the increase in anti-Semitism, Christianophobia and Islamophobia in various parts of the World, as well as the emergence of racial and violent movements based on racism and discriminatory ideas directed against Arab, Christian, Jewish and Muslim communities, as well as all religious communities, communities of people of African decent, communities of peoples of Asian decent, communities of indigenous people and other communities, Recalling that such acts are inconsistent with the spirit of the UN Charter which seeks to promote peaceful co-existence amongst nations, Emphasizing that the right to freedom of expression has responsibilities and limitations as prescribed by international law and stressing the need to further strengthen the process of global dialogue to promote a culture of tolerance and peace based on respect for human rights and cultural diversity, Expressing concern at the use of counter-terrorism measures based on racial profiling, Emphasizing that equating any religion with terrorism should be rejected and combated by all at all levels, Affirming that the insidious penetration of racist and xenophobic platforms into the political agendas under the pretext of combating terrorism, defending national identity and the national interest, promoting national preference and combating irregular immigration- leads to a generalized application of racist and xenophobic rhetoric, Reaffirming condemnation of all forms of racism, racial discrimination, xenophobia and related intolerance, including the platforms and activities related thereto, which constitute serious violations of human rights and fundamental freedoms as well as impede equal opportunity, Welcoming the adoption of GA Resolutions 61/19 and 62/122 related to the abolition of the Trans-Atlantic slave trade and remembrance of its victims and, in particular, the designation of 25th March as an annual International Day of Remembrance of the Victims of Slavery and the Transatlantic Slave Trade, beginning in 2008, Recalling paragraphs 98 to 106 of the Durban Declaration, and emphasizing, in particular, the importance of the “provision of effective remedies, recourse, redress, and compensatory and other measures at the national, regional and international levels”, aimed at countering the continued impact of slavery and the slave trade, A/CONF.211/PC.3/5 page 6 Reiterating that slavery and slave trade, including transatlantic slave trade, are crimes against humanity and that the consequences of slavery, slave trade, colonialism, foreign occupation, alien domination, genocide and other forms of servitude have manifested themselves in poverty, underdevelopment, marginalization, social exclusion and economic disparities for the developing world, Expressing grave concern at the negative effects on human rights and development posed by contemporary forms of slavery and trafficking in persons, especially women and children and at the increasing vulnerability of States to such crimes and reaffirming the need to work collectively to combat contemporary forms of slavery and trafficking in persons, Expressing dismay at instances of religious and cultural prejudices, misunderstanding, intolerance and discrimination on the basis of religion or beliefs or different systems, which undermine the enjoyment of all human rights and fundamental freedoms and hinder the promotion of the culture of peace, Emphasizing that pluralism, tolerance, and understanding of religious and cultural diversity are essential elements for peace and harmony and acts of prejudice, discrimination, stereotyping, and racial, religious and sectarian profiling are affronts to human dignity and equality, and should not be condoned, Recognizing that respect for democracy and human rights and the promotion of understanding and tolerance by governments as well as between and among minorities are central to the promotion and protection of human rights, Expressing solidarity with the peoples of Africa in their continuing struggle against racism, racial discrimination, xenophobia and related intolerance and recognize the sacrifices made by them as well as their efforts in raising international public awareness of this inhuman tragedy, Welcoming the UNGA resolution 61/295 of 13 September 2007 on the United Nations Declaration on the Rights of Indigenous Peoples and the HRC resolution 6/36 of 14 December 2007 on the creation of the Expert Mechanism on the Rights of Indigenous Peoples, as a subsidiary body of the Council, Also welcoming the entry into force of the United Nations Convention on the Rights of Persons with Disabilities on 3 May 2008, A/CONF.211/PC.3/5 page 7 I. (...) Provision of effective remedies, recourse, redress, and compensatory and other measures at all levels 44. (...) Reiterate that the Office of the High Commissioner for Human Rights to create a database containing information on practical means to address racism, racial discrimination, xenophobia and related intolerance, particularly international and regional instruments and national legislation, including anti-discrimination legislation, as well as legal means to combat racial discrimination; remedies available through international mechanisms to victims of racial discrimination, as well as national remedies; 65.

ОРГАНИЗАЦИЯ ОБЪЕДИНЕННЫХ НАЦИЙ A ГЕНЕРАЛЬНАЯ АССАМБЛЕЯ Distr. GENERAL A/CONF.211/PC.4/2 16 April 2009 RUSSIAN

He emphasized that the new instrument on PMSCs proposed by the Working Group was geared to regulate and monitor the activities of private military and security companies in order to prevent, and protect individuals from, serious human rights violations, which unfortunately were regularly committed, and also to establish mechanisms of accountability and to provide effective remedies to the victims. 9. He expressed the gratitude of the Working Group to the Governments which had already provided written comments and constructive observations on the elements for a possible draft convention on PMSCs that had been circulated in early January 2010. (...) He concluded by reiterating that the proposed instrument aimed at ensuring that States take the necessary measures to ensure respect for human rights by PMSCs together with accountability and effective remedies for victims. The Working Group considered that the United Nations would constitute the best framework for the development of a new international instrument for the regulation, oversight and monitoring of PMSCs. 3 A/63/467 – S/2008/636 of 6 October 2008.

Access to justice and remedies ............................................................................................ 11 G. (...) Access to justice is essential in realizing the right to effective remedies. On 9 May 2019, the Parliament approved amendments to the Administrative Courts Procedure Law. (...) The Special Rapporteur believes the restoration of an independent body in charge of victim and witness protection would prove extremely useful in ensuring justice and remedies. G. Specific groups of human rights defenders at risk 1.

Организация Объединенных Наций A/70/676 Генеральная Ассамблея Distr.: General 14 January 2016 Russian Original: English 16-00275