Item 3 – General Debate. Joint Statement on Human Rights and Transnational Organized Crime. JST Chile. (19.9.2024)

57TH SESSION OF THE HUMAN RIGHTS COUNCIL

Item 3 – General Debate. Joint Statement on Human Rights and Transnational Organized Crime.

19 September 2024

Mr. President,

Chile is honoured to present this joint statement on behalf of a group of countries from various regions.

The fight against transnational organized crime must be a priority for the international community, given its direct and devastating impact on human rights. Criminal networks not only threaten security but also threaten the fundamental rights and dignity of millions of people worldwide, creating a ripple effect of suffering and instability. Under international human rights law, States must protect individuals from violations committed by private persons and entities (source: CCPR General Comment 31, para. 8), including those linked to organized crime. This is crucial to maintaining the rule of law and protecting vulnerable populations.

At the same time, it is essential that State responses to transnational organized crime are guided by respect for international human rights rules and standards, including due process, access to justice, and protection of all individuals, including those disproportionately affected —especially women, children, Indigenous Peoples, people of African descent, migrants, refugees and asylum-seekers. Their voices and human rights must remain central to our response.

Mr. President,

We are deeply concerned by reports showing that efforts to combat organized crime, such as the "war on drugs," have led to mass incarceration, arbitrary detention, and escalation of lethal force which may even descend into extrajudicial killings, disproportionately affecting marginalized communities (source: HC Statement of 14 March 2024[1])

As recently noted by the High Commissioner, States themselves have designated international human rights law to preserve and guarantee our common humanity (source: HC Statement of 9 September 2024^[2]). No crime, regardless of its severity, justifies violations of non-derogable obligations under international law, including the right to life and the prohibition of torture, the humane treatment of persons deprived of their liberty and certain elements of the right to a fair trial (Source: CCPR article 4, CCPR General Comment paras. 13, 16).

We urge this Council to play a more active role in promoting a human-rights-based approach to combatting transnational organized crime, including by the adoption of recommendations that will allow bridging the gap between transnational organized crime and international human rights law.

Thank you.

[1] https://www.ohchr.org/en/statements-and-speeches/2024/03/turk-urges-transformative-change-global-drug-policy

[2] https://www.ohchr.org/en/statements-and-speeches/2024/09/human-rights-are-our-mainstay-against-unbridled-power