The deferral of reports to the UN Human Rights Council should be exceptional and occur on a case-by-case basis after careful consultation with civil society and victims of violations. 

(Geneva) - The 28th session of the Human Rights Council saw the deferral of three significant reports: the report of the Commission of Inquiry into the 2014 Gaza Confict, the OHCHR report into alleged human rights violations in Sri Lanka, and the annual report of the Special Rapporteur on Counter-Terrorism.

In ISHR's view, the deferral of reports to the Human Rights Council should be exceptional and occur on a case-by-case basis after careful consultation with civil society and victims of violations. 

The Commission of Inquiry on the 2014 Gaza Conflict had planned to present its report on the conflict, but on 9 March requested an extension of its mandate until June 2015. COI Chair, Mary McGowan Davis, in her oral update on the conflict on 23 March, attributed the postponement to ‘large amount[s] of information’ received at the last minute, which gave rise to ‘complex legal issues.’ The COI considered that examining these complex issues ‘should not be rushed under any circumstances.’

Similarly, the UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, recommended a deferral until September 2015 of the OHCHR report into alleged human rights violations during the conflict in Sri Lanka. He explained that it was a ‘difficult decision’, with strong arguments for and against, but that a 6 month extension would facilitate vital discussions with a new Sri Lankan government which the previous government had refused. The High Commissioner affirmed it was for ‘one time only.’

The report of the Special Rapporteur on Counter-Terrorism, Ben Emmerson, was deferred following his request for an extension. Granting this request, the President of the Council nevertheless wrote 'As President of the Human Rights Council, I must urge you to honor your reporting obligations to the Council in order to allow for the implementation of the annual calendar of thematic resolutions, to strengthen transparency and predictability, as well as to ensure that there is no protection gap.'

‘Deferrals must only occur on a case-by-case basis, such as in circumstances necessary to gather essential new information, or where expected cooperation with the State in question could materially alter the findings and recommendations of the report,’ said Phil Lynch, Director of ISHR.

In ISHR's view, there must also be a strong consideration of the impact of a deferral on victims. Nadia Ben-Youssef, US Representative of the Adalah Legal Centre for Arab Minority Rights in Israel, and Janeen Rashmawi, Associate Fellow at the Cairo Institute for Human Rights Studies, both commented to ISHR that the deferral would be especially painful for victims who await accountability. Similar could be expected for Israeli victims of the Gaza conflict.

The High Commissioner echoed these sentiments with respect to Sri Lanka when he said that he wanted a report that will have the maximum impact in ensuring ‘a genuine and credible process of accountability and reconciliation in which the rights of victims to truth, justice and reparations are finally respected.’