Ensuring the Full, Meaningful, and Safe Participation of Diverse Civil Society in the UN Crimes against Humanity Treaty Process

We, the undersigned organizations and individuals, represent civil society organizations, non- governmental organizations, victim/survivor associations, and academic institutions from around the world. We have technical expertise on the prevention and punishment of crimes against humanity, including their adjudication before national and international courts and tribunals. Many of us have also directly experienced or witnessed the commission of crimes against humanity. We welcome the opening of the Preparatory Committee for the Conference of Plenipotentiaries on the Convention on the Prevention and Punishment of Crimes against Humanity, a vital step towards closing a long-standing accountability gap in international law.

We commend the inclusion of non-governmental organizations in consultative status with the Economic and Social Council (“ECOSOC”) in the Preparatory Committee and the Conference of Plenipotentiaries as observers under Resolution 79/122.1 However, we regret the absence of a clear proviso ensuring the equal participation of non-ECOSOC accredited organizations and individuals with relevant experiences and expertise. Their participation is essential to ensure a robust treaty process and final outcome. Broader participation will strengthen the diversity of voices in the room, including survivors and others who are often underrepresented; bolster the transparency and credibility of the treaty-making process; and facilitate a victim and survivor-centric, intersectional, and gender-competent approach to the treaty.

We urge Member States to support the full, meaningful, and safe participation of civil society throughout the preparation and negotiation of the treaty, in accordance with international law and UN practice and guidance.2 This requires that ECOSOC-accredited organizations be able to participate in a meaningful manner,3 and that in addition, non-ECOSOC accredited organizations and individuals be able to do so as well, with the same rights of participation. Taking into account the principles of transparency, accessibility, diversity, equitable geographical representation, and gender parity, the possible modalities for all civil society participation should include, at a minimum, oral interventions, individually and jointly, written statements and other documentation made available to all delegates and observers in-person and online, remote participation and streaming options, and intersessional consultations. Further, due effort should be made to ensure and facilitate broad civil society participation by maintaining flexibility in registration deadlines and allocations. These modalities are necessary in light of the obstacles often faced by civil society, including resource constraints, travel restrictions, physical, communication, and other accessibility barriers, and state reprisals.

During the eightieth session of the Sixth Committee, more than 50 Member States noted that civil society had already “enriched the [crimes against humanity treaty] process with invaluable expertise,” including in the very call for a treaty and in “legal analysis, practical recommendations, and innovative ideas for the content and structure of a future convention.”4

We respectfully urge Member States to facilitate a transparent, inclusive, and effective procedure for our continued participation, in recognition of our shared commitment to the prevention and punishment of crimes against humanity.

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