COUNCIL HOLDS INTERACTIVE DIALOGUE WITH EXPERTS ON HUMAN RIGHTS DEFENDERS, VIOLENCE AGAINST WOMEN AND EFFECTS OF ECONOMIC REFORM POLICIES

The Human Rights Council today held an interactive dialogue with the Special Representative of the Secretary-General on the situation of human rights defenders, the Special Rapporteur on violence against women, its causes and consequences, and the Independent Expert on the effect of economic reform policies and foreign debt on the enjoyment of human rights, particularly economic, social and cultural rights.

Hina Jilani, Special Representative of the Secretary-General on the situation of human rights defenders, presenting her report, said the new Universal Periodic Review was an important opportunity to monitor the situation of human rights defenders. Making the Universal Periodic Review effective was a responsibility and a challenge that both governments and defenders should take up with perseverance. The situation of human rights defenders was a fundamental component of the overall human rights situation in any country. There could not be progress in the promotion and protection of human rights without the contribution of human rights defenders. The situation of human rights defenders should be included as one of the elements that should be reviewed when a country was considered under the Universal Periodic Review. Moreover, the regional mechanisms for the promotion and protection of human rights defenders should continue to be strengthened. She spoke about her country visits to Indonesia, Serbia and the former Yugoslav Republic of Macedonia.

Yakin Erturk, Special Rapporteur on violence against women, its causes and consequences, introducing her report, said in light of the fifteenth anniversary of the Vienna Human Rights Conference, which signified a turning point in international recognition of violence against women as a human rights issue, much progress had been made since then in setting standards to combat violence against women. Yet, much remained to be done. Her annual report to the Council focused on the theme of indicators on violence against women, and State action to address such violence. The development of these indicators was central to the struggle to end systematic violence that plagued women's lives and compromised the integrity of societies. Indicators were crucial in providing guidance on policies and programmes, enabling measurement and monitoring progress, and guiding systematic data collection. She spoke about her country visits to Algeria, Ghana and the Democratic Republic of the Congo.

Bernards Andrew Nyamwaya Mudho, Independent Expert on the effects of economic reform policies and foreign debt on the enjoyment of human rights, particularly economic, social and cultural rights, introducing his report, said the Commission on Human Rights had requested him in 2004 and 2005 to draft general guidelines to be followed by States and public, national and international financial institutions in the decision making and execution of debt payments and structural reform programmes, including those arising from foreign debt relief, to ensure that compliance with the commitments derived from foreign debt would not undermine the obligations of States concerning the realisation of fundamental economic, social and cultural rights. The draft guidelines recalled States’ obligations to take steps to the maximum extent of their available resources and through international assistance and cooperation. The guidelines were seeking to provide a framework to design economic reform and debt management policies whilst upholding human rights obligations. On the issue of foreign debt, the debt sustainability formula used by the international financial institutions required improvements. He spoke about his country visit to Burkina Faso.

Speaking as concerned countries were Indonesia, Serbia, the former Yugoslav Republic of Macedonia, Algeria, Ghana, the Democratic Republic of the Congo and Burkina Faso.

The following countries presented statements in the interactive dialogue: Pakistan on behalf of the Organization of the Islamic Conference, the Russian Federation, Guatemala, New Zealand also speaking on behalf of Canada, Norway, Brazil, Slovenia on behalf of the European Union, Germany, the Netherlands, Australia, Saudi Arabia, Liechtenstein, Belgium, the Maldives, Egypt, Ireland, Palestine on behalf of the Arab Group, Cuba, Morocco, Indonesia, Bangladesh, Lithuania, Switzerland and Canada. The African Union and the United Nations Population Fund also provided statements.

The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. When the Council concluded its midday meeting at 3 p.m., it immediately started its afternoon meeting during which it will conclude its interactive debate on human rights defenders, violence against women and effects of economic reform policies and foreign debt on the full enjoyment of human rights before holding an interactive dialogue with the Special Rapporteur on adequate housing as a component of the right to an adequate standard of living and the Independent Expert on minority issues.

Reports on Human Rights Defenders, Violence against Women and Effects of Economic Reform Policies and Foreign Debt

The Council has before it the report submitted by the Special Representative of the Secretary-General on human rights defenders, Hina Jilani (A/HRC/7/28 and Add.1-4), which looks at follow-up activities of the Special Representative, the role of stakeholders in implementing her recommendations, and illustrates the three main areas of her activities, i.e. communications, country visits and thematic reports. In the area of communications, the report demonstrates that following up on cases includes not only individual situations, but also looking at cases as a whole to identify general trends and to formulate targeted recommendations to address specific implementation gaps. Some methodological tools that can be used to facilitate follow-up activities are proposed. Among others, the Special Representative recommends the development and strengthening of capacity-building activities on the Declaration on Human Rights Defenders and the mandate of the Special Representative, as well as the strengthening of the role of regional and international networks and organizations which often act as interfaces between her mandate and sources on the ground; and that the situation of human rights defenders should be one of the elements to review in the Universal Periodic Review.

A first addendum provides summaries of the communications on specific cases addressed by the Special Representative to Governments, sent from 2 December 2006 to 10 December 2007, as well as summaries of the replies received from Governments until 10 February 2008, and her observations thereon.

A second addendum is the report of the Special Representative on her mission to Indonesia, which notes the adoption of a series of laws and the establishment of State institutions that may create awareness on the role of human rights defenders and facilitate their work, but also several gaps and shortcomings in that framework. Human rights defenders continue to experience serious constraints in conducting their activities imputable to the continuing activities of the police, the military and other security and intelligence agencies as well as religious fundamentalist groups that are aimed at harassing and intimidating defenders or restricting their access to victims and to sites of human rights violations. The plight of vulnerable groups of defenders, i.e. those defending the rights of women, of lesbian, gay, bisexual, transgender, and intersex and HIV/AIDS persons, and of indigenous peoples, as well as church workers, is highlighted. A climate of fear undeniably prevails in West Papua, especially for defenders engaged with the rights of the Papuan communities to participation in governance, control over natural resources and demilitarization of the province. As for Aceh province, there is improvement in the situation there, although concerns remain.

The third addendum is a report of the Special Representative's 2007 mission to Serbia, including Kosovo. In Serbia, a number of positive developments are recognized, including a generally non-repressive environment, improved access to information and a vibrant community of human rights defenders. She is nevertheless concerned about the hostile environment for defenders, particularly those working on transitional justice and minority rights, who are constantly under attack, mainly in the media, and portrayed as enemies of the country. Public authorities should take concrete steps to give political recognition and legitimacy to human rights defenders and their work. In Kosovo, human rights defenders who advocate for the status of Kosovo in ways that are critical or distant from the predominant view are marginalized. Deficient accountability mechanisms for the actions of the international administration are another major problem that affects the possibility of defenders performing their function in defence of human rights and should be addressed as a matter of priority.

The Council has before it the report of the Special Rapporteur on violence against women,
its causes and consequences, Yakin Ertürk: Indicators on violence against women and State response (A/HRC/7/6 and Add.1-5), which highlights the activities of the Special Rapporteur in 2007, including fact-finding missions and regional consultations, participation in the work of the Group of Experts on Darfur, and communications and press releases. In the light of an "alarming" lack of such data in relation to violence against women and girls and no agreed indicators or benchmarks at the international level for assessing progress over time in this area, a thematic section looks at indicators on violence against women and State response and proposes methodological guidelines for investigations and surveys in this area; the development of indicators on grave violence against women, femicide, and social tolerance; indicators for State responses to violence against women (i.e. ratification of international and regional conventions; statutory recognition of recognition of non-discrimination and gender equality, national action plans on violence against women, etc.) and institutional indicators. It also includes "process indicators", in areas such as access to justice, victim protection and prevention. The Special Rapporteur recommends that the project be taken forward by a small expert working group tasked with creating a technical manual and overseeing pilots in resource-rich and poor contexts, in countries with longer and shorter histories of engagement with violence against women.

A first addendum sets out, on a country-by-country basis, summaries of individual allegations, as well as urgent appeals sent to Governments on individual cases and general situations of concern to her mandate.

In addendum two, the Special Rapporteur gives a report on her 2007 visit to Algeria, noting that, while women enjoy formal legal equality in the public sphere, they lack equal access to the labour market and decision-making positions. Violence against women in the private sphere is pervasive and yet largely invisible. The ejection of women and girls into the street is a particularly egregious form of such violence. Sexual harassment and abuse in public institutions is an emerging issue. The national machinery for women lacks the legal and financial means to effectively address women’s human rights violations, and the State fails to adequately protect and support those women that do seek justice. The report concludes with recommendations calling for further legislative reforms; the withdrawal of impermissible reservations to the Convention on the Elimination of All Forms of Discrimination against Women; and wider access to the country for international monitoring mechanisms.

Addendum three is the report of the Special Rapporteur's mission to Ghana in 2007, which notes that violence against women remains widespread and some groups of women are particularly vulnerable. The girl child may be sexually abused in the family, subjected to early or child marriage or exploited as a kayaye (porter) or domestic worker. Female genital mutilation and the ritual servitude of trokosi also remain prevalent in some parts of the country, even though these practices have been criminalized. Women accused of witchcraft are often violently driven from their communities and forced to take refuge in “witch camps”. Many widows are subjected to violent evictions from their homes and loss of inheritance. The police, courts, social services and the health sector are not sufficiently equipped and trained to effectively protect women facing violence. The Ghanaian Government is called on to enact legislation to strengthen women’s protection and equality; ensure that traditional authorities comply with national and international commitments to women’s rights; and sufficiently fund and implement the Domestic Violence Act and corresponding action plan.

A fourth addendum reports on the Special Rapporteur's 2007 mission to the Democratic Republic of the Congo, where women still suffer sexual violence committed by the Forces armées de la République démocratique du Congo, the Police nationale congolaise, armed groups and, increasingly, civilians. The situation is particularly dramatic in South Kivu, where non-State armed groups, including foreign militia, commit sexual atrocities that aim at the complete physical and psychological destruction of women. Given the multitude of actors involved in the conflict and the continuation of these crimes, the international community, in cooperation with the Congolese authorities, has a responsibility to take all necessary measures to ensure that women in South Kivu are protected. Extreme sexual violence used during the armed conflicts seems to have eroded all protective social mechanisms, unleashing the exercise of brutal fantasies on women’s bodies. Civilians are increasingly among the perpetrators of rape. The report makes recommendations to the Government, the International Criminal Court, the international community, the United Nations and the United Nations Mission in the Democratic Republic of the Congo and troop-contributing countries.

Addendum five is the Special Rapporteur's report entitled "The Next Step: Developing Transnational Indicators on Violence against Women", which contains chapters on aims and methodology; State responses; in theory: indicators and human rights, what and why; current proposals for violence against women indicators; measuring violence; assessing State progress; gaps in knowledge; and proposed indicators. A final chapter contains conclusions, including setting out recommendations from the Secretary-General's Study on Violence Against Women that are directly relevant to the task of creating indicators. Among others, it also calls for more work to be done in the area of prevention, to address entrenched attitudes and beliefs that condone, justify or tolerate violence against women.

The Council has before it the report of the Independent Expert on the effects of economic reform policies and foreign debt on the full enjoyment of all human rights, particularly
economic, social and cultural rights, Bernards Andrew Nyamwaya Mudho (A/HRC/7/9 and Add.1), which describes the Independent Expert's recent activities, focusing on the challenges met in the preparation of the general guidelines requested by the Commission on Human Rights (resolutions 2004/18 and 2005/19), to be eventually implemented by States and private and financial institutions in the decision-making and execution of debt repayments and structural reform programmes, including those arising from foreign debt relief. The aim of the guidelines is to guarantee that compliance with the commitments arising from foreign debt does not undermine the capacity of States to fulfil their obligations for the full realization of fundamental human rights. The first part of the report describes what the key principles of the draft guidelines should be. The Independent Expert also describes some of the proposed debt sustainability frameworks and briefly addresses their strengths and weaknesses, giving some orientations on the way forward. Among recommendations are that the mandate be refocused on the subject of human rights and public finance, and that the new mandate-holder work in close collaboration with the Working Group on the Right to Development.

An addendum contains the report of the Independent Expert's mission to Burkina Faso, in which he notes that recent debt relief initiatives have substantially reduced the foreign debt burden. Debt sustainability indicators are now well below the thresholds defined by international financial institutions, and foreign debt does not currently appear to threaten the capacity of Burkina Faso to comply with its human rights obligations. The Independent Expert encourages the Government to continue its prudent debt policy and calls on the donor community to help by ensuring that the national development strategy is financed to the largest possible extent with grants. The Independent Expert also recommends that accountability and participation elements within the foreign debt planning and decision process are strengthened, in particular through a more systematic recourse to parliamentary and civil society advice.

Presentation of Reports on Human Rights Defenders, Violence against Women and Effects of Economic Reform Policies and Foreign Debt

HINA JILANI, Special Representative of the Secretary-General on the situation of human rights defenders, presenting her report, noted that during her tenure, she had undertaken 14 country visits to 12 countries, sent over 2,000 communications to some 120 countries and presented 34 reports to the General Assembly, the Commission on Human Rights and the Human Rights Council. The number of communications had steadily increased over the years and remained stable in the last two. Communications sent concerned over 3,300 defenders, of whom 22 per cent were women defenders. The monitoring and protection work realized during her tenure gave shape to a series of parameters the Special Representative had been using to assess compliance with the Declaration on Human Rights Defenders. With regard to recommendations cited in the report, the Special Representative said the new Universal Periodic Review was an important opportunity to monitor the situation of human rights defenders. Making the Universal Periodic Review effective was a responsibility and a challenge that both governments and defenders should take up with perseverance. The situation of human rights defenders was a fundamental component of the overall human rights situation in any country. There could not be progress in the promotion and protection of human rights without the contribution of human rights defenders. The situation of human rights defenders should be included as one of the elements that should be reviewed when a country was considered under the Universal Periodic Review. Moreover, the regional mechanisms for the promotion and protection of human rights defenders should continue to be strengthened.

Addressing her country visits undertaken during the period under review, the Special Representative, with regard to her visit to Indonesia, noted the adoption of a set of laws and the establishment of State institutions that may create awareness on the role of human rights defenders and facilitate their work. However, it was observed that this framework was marred by several gaps and shortcomings that resulted in diluting any benefits that human rights defenders could draw from positive developments. Many of the constraints that human rights defenders continued to experience in conducting their activities for the promotion and protection of human rights could be imputed to certain activities of the police, the military and other security and intelligence agencies.

With regard to her visit to Serbia, a number of positive developments were noted, including a vibrant community of human rights defenders; the establishment of independent human rights institutions like the Commissioner for Information and the Ombudsperson and an improved access to information for defenders. On the other hand, the report drew attention to the Government’s failure to redress the stigmatization of defenders. While in Kosovo in September last year, the Special Representative found an overall climate that discouraged expressions of criticism, dissent and resistance, which were among the prominent features of the action of human rights defenders. Among other things, there was concern about the grievances expressed that indicated a sense of marginalization amongst many human rights defenders stemming from the practices or attitudes of the international administration.

Referring to her visit to the former Yugoslav Republic of Macedonia in September last year, the Special Representative recognized that there had been a number of positive developments since her first visit four years earlier. The most remarkable was the increased capacity and professionalism of human rights defenders. Also in the area of legislation, several laws relevant to the work of human rights defenders had been adopted. Enforcing and monitoring mechanisms that defenders could use to report cases of non-compliance and protect affected victims were still lacking, were insufficient or did not function properly.

The Special Representative noted that she had undertaken a mission to Guatemala in February this year, which was a follow-up to the first visit undertaken in June 2002. The report of this visit would be submitted to the Council at a later date.

In conclusion, the Special Representative noted that the mandate had achieved something important in terms of reaching out to defenders worldwide and it had succeeded in being regarded by defenders as an accessible means for their recognition and protection. This could not have been possible without the fundamental contribution of human rights defenders themselves and the cooperation of many governments.

YAKIN ERTÜRK, Special Rapporteur on violence against women, its causes and consequences, at the outset, said she would like to celebrate the fifteenth anniversary of the Vienna Human Rights Conference, which signified a turning point in international recognition of violence against women as a human rights issue. They had made much progress since then in setting standards to combat violence against women. Yet much remained to be done. Her annual report to the Council focused on the theme of indicators on violence against women and State action to address such violence. The development of these indicators was central to the struggle to end systematic violence that plagued women's lives and compromised the integrity of societies. Indicators were crucial in providing guidance on policies and programmes, enabling measurement and monitoring progress, and guiding systematic data collection. In addition, establishing indicators on violence against women was a human rights obligation, as reflected in human rights jurisprudence and the due diligence principle, which called on States to ensure that interventions designed to combat violence against women were based on accurate empirical data. There had been an alarming lack of data in relation to human rights violations of women and girls. In recent years, numerous proposals had been put forth for developing violence against women indicators; while there was not yet any consensus on such indicators, the general focus had been on measuring intimate partner violence. That left aside other forms of violence that ought to be monitored and measured.

Ms. Ertürk proposed three types of indicators for measuring violence against women in her report, namely "grave violence", "femicide" and "social tolerance" indicators. She was not proposing a legal definition of "grave violence", but using that term to reflect forms of violence found across countries and societies, such as rape and serious sexual assault against girls and women, forced marriage, and serious intimate partner violence or sexual harassment. Femicide, or murder of women, was the gravest form of violence against women. Although not captured by prevalence methodology, femicide constituted one of the most accurate criminal justice statistics. Social tolerance indicators pointed to the need to address factors that promoted or constrained violence, including those social and cultural contests in which it continued unabated. The indicators proposed in the report were rooted in international instruments, and consisted, on the one hand, of institutional indicators relating to the legal and policy framework on violence against women, its causes and consequences, such as the existence of national plans of action, and, on the other hand, process indicators pertaining to women's access to justice and reporting, victim protection, prevention and training.

Ms. Ertürk then presented a brief overview of the findings from her country missions conducted in 2007. In Algeria, despite considerable progress made towards gender equality, legal gaps remained and women continued to face discrimination, in particular with regard to marriage, child custody and inheritance. Feminized poverty and marginalization were areas of great concern, in particular the situation of women and girls who were ejected into the street, placing them at risk of unchecked abuse and exploitation. Sexual harassment and abuse in public institutions was also increasingly being addressed. In her report, she recommended, among others, further legislative reforms, and a zero tolerance strategy in investigating cases of such violence.

In Ghana, violence against women remained pervasive, within and outside of the home. Physical and sexual abuse in the private sphere was widespread. Girls were subjected to early or child marriage or were exploited as a kayaye (porter), and female genital mutilation and practices of ritual servitude (trokosi) remained prevalent in various parts of the country. She called on the Ghanaian Government to ensure that traditional authorities complied with national and international commitments to women’s rights, and to fully implement the Domestic Violence Act.

In the Democratic Republic of the Congo, the Special Rapporteur found that women living in areas of armed conflict still suffered extreme levels of sexual violence committed by the State armed forces, the National Police, armed groups and, increasingly, civilians. Impunity for rape and other crimes committed against women was massive, and there were questions about the political will to end that impunity. Extreme sexual violence used during the armed conflicts seemed to have eroded all protective social mechanisms. She recommended that the Government demonstrate a zero tolerance policy on sexual violence, including by investigating, prosecuting and sanctioning perpetrators. Given the multitude of actors involved in the conflict in the country and the continuation of gross human rights violations, the international community also had a responsibility to protect, and the Special Rapporteur asked that the United Nations and the troop-contributing countries to the United Nations Mission in the Democratic Republic of the Congo step up their efforts towards ending impunity and protecting victims. She also hoped that the Council would initiate a dialogue on the problem of impunity for crimes against women in the Democratic Republic of the Congo.

BERNARDS ANDREW NYAMWAYA MUDHO, Independent Expert on the effects of economic reform policies and foreign debt on the enjoyment of human rights, particularly economic, social and cultural rights, introducing his report, said that this marked the last occasion he was addressing the Council. The Commission had requested him in 2004 and 2005 to draft general guidelines to be followed by States and public, national and international financial institutions in the decision making and execution of debt payments and structural reform programmes, including those arising from foreign debt relief, to ensure that compliance with the commitments derived from foreign debt would not undermine the obligations of States concerning the realisation of fundamental economic, social and cultural rights. The current report had been prepared with the involvement of the World Bank and the International Monetary Fund. The draft guidelines recalled States’ obligations to take steps to the maximum extent of their available resources and through international assistance and cooperation. The guidelines were seeking to provide a framework to design economic reform and debt management policies whilst upholding human rights obligations. On the issue of foreign debt, the debt sustainability formula used by the international financial institutions required improvements. Debt relief programmes should include the provision of additional fiscal space to ensure that human rights were respected; it should be additional and not result in the reduction of international development aid.

Mr. Mudho noted that it was important to acknowledge that creditors and borrowers had a shared responsibility with regards to new loans and debt sustainability. Loan agreements should be transparent and open to public scrutiny. Ideally, the international community should formulate and adopt common lending principles. The current debt management practices required some innovations such as linking the debt service to the pace of economic growth and social development. With regards to economic reforms, the guidelines called for an assessment of the impact on social, economic and cultural rights. On trade, the guidelines said that human rights obligations should play a much greater role, than was currently the case, during trade negotiation processes. Trade liberalisation had to be designed and sequenced with a view to promote and protect human rights. Concerning privatisation, the guidelines reiterated that States had the obligation to ensure adequate legislative and regulatory frameworks, so that human rights standards were respected by privatised service providers. The need for transparent, accountable and participatory governance was underlined. An efficient public sector providing quality public services should be programmed and budgeted based on human rights obligations and rights based approaches.

Mr. Mudho said that during his last meetings with the World Bank and the International Monetary Fund, views had been exchanged on the application of Poverty and Social Impact Assessment and on the role of the Inspection Panel in the context of implementing economic reform programmes supported by the World Bank. During his last country mission to Burkina Faso, he had observed a clear and demonstrable commitment of the Government to address human rights challenges. The then recent debt relief initiatives had substantially reduced the foreign debt burden of the country, and it did not appear to threaten the capacity of the Government to comply with its human rights obligations. The Government was called to continue its prudent debt policy with donor support. He hoped that the visits and follow-up visits that he had been unable to conduct would be taken up by his successor.

Statements by Concerned Countries

PARDINA PUDIASTUTI (Indonesia), speaking as a concerned country, said that while taking into account the fact that Indonesia had 476 regency/cities, in order to be able to implement the country’s National Action Plan on Human Rights nationally, to date, the Government had already established 436 implementing committees at the provincial level and regency/city levels. This showed that human rights defenders were a national mechanism which needed strengthening in order to better support the implementation of the Plan. Indonesia’s strong commitment to protect human rights defenders was further reflected in the adoption of a law on the protection of witnesses and victims after which the Government, in cooperation with the Parliament, was in the final stages of establishing an institution for the protection of witnesses composed of representatives of governmental and non-governmental institutions, and of academics.

The Government’s efforts to strengthen the protection of human rights defenders had been further reinforced by the adoption of a law on political parties, Indonesia noted. The objective was to implement affirmative action for women in order to boost their participation in political parties. The implementation of affirmative action for the promotion of the participation of women in politics and public policy was also aimed at providing further assurances that female human rights defenders would be able to participate more actively on politics and public policy in the field of the promotion and protection of human rights in Indonesia. Indonesia highly valued the spirit of cooperation the Special Representative showed to all the relevant stakeholders she met in relation to the implementation of her mandate. Indonesia also appreciated the Special Representative’s acknowledgement of the progress achieved on the situation of human rights in Aceh. Democracy had become stronger in Indonesia and more vibrant than ever which was the primary modality for the human rights defenders to flourish.

SLOBODAN VUKCEVIC (Serbia), speaking as a concerned country, noted with satisfaction that, in her report, the Special Representative of the Secretary-General on human rights defenders, Hina Jilani, had recognized that the human rights community in Serbia was vibrant and active. Though a country in transition burdened with many inherited problems, Serbia had been putting a lot of effort into creating an environment for the unimpeded work and activities of human rights defenders. Ms. Jilani had accurately reflected in her report the wide range of measures the Government had taken in that regard. Serbia would examine carefully the recommendations contained in the report in order to take appropriate action in implementing them. On the human rights situation in the Serbian province of Kosovo and Metohija, Ms. Jilani had identified a lot of problems and had given recommendations for the improvement of the situation of human rights defenders there. However, certain ambiguous interpretations in part of the report did not accurately reflect the real situation of non-Albanian communities on the ground. According to the 2006 United Nations Interim Administration Mission in Kosovo report, "discrimination against Serbs and Roma is widespread in Kosovo". Serbia asked Ms. Jilani what her impressions were about the activities of non-Albanian human rights defenders in the Province and the environment in which they worked.

DUSKO UZUNOVSKI (former Yugoslav Republic of Macedonia), speaking as a concerned country, said that Ms. Jilani’s engagement had contributed to alerting the international community to the situation of human rights defenders and thus improving their conditions of work. The Republic of Macedonia strongly supported further activities under the mandate. The work of human rights workers was crucial. Speaking more specifically about the report on the follow up visit of the Special Rapporteur of the Secretary-General, the Republic of Macedonia found that the report was both balanced and accurate and would help enable an environment for the work of human rights defenders. However, the Government had prepared a list of comments that it deemed necessary to address, including the large reforms in the process of equitable representation of the non-majority communities’ members in State administration.

The Republic of Macedonia was widely recognized as a multi-ethnic democracy, which invested a great deal in the issues of inter-ethnic relations and tolerance. In that regard, the right to education of non-majority communities was fully respected, including that of human rights education. Finally, the Republic of Macedonia stressed that the work of human rights defenders was a two way street. It was a process of permanent interaction between the Government and civil society and as such, full functionality of this interactive process depended on the willingness, cooperation, and activity of both sides.

MOHAMMED BESSEDIK (Algeria), speaking as a concerned country, said in the course of many meetings the Special Rapporteur on violence against women was informed of many areas where the Government was making improvements towards the rights of women and children. With regard to Islamic law, the recommendations and criticisms in the report were unacceptable and countered the values of the human family. Algeria had adapted its legislation, in particular in 2005 with a revised Family Code which, among other things, stated that women could now give their children their nationality. Also, on 8 March this year, the Government had lifted its reservation on this nationality clause. The Government had adopted a series of measures on gender mainstreaming in all national programmes and had removed previous obstacles to women.

The Government of Algeria had also been making efforts to assist in the development of women living in rural environments, had implemented a violence against women strategy and had enhanced institutional capabilities with regard to violence against women. As regards to education, schooling was free for all boys and girls at all levels and compulsory from 6 to 16 years of age in Algeria, which was not indicated in the report of the Special Rapporteur. Moreover, whereas the Special Rapporteur said they did not promote gender equality, Algerian schoolbooks had been validated by UNESCO. As to literacy policies, there should have been a reference included in the report in this regard as in secondary schools, there were now more girls than boys. The rights of women were part of human rights and were taught in the various schools and institutes that trained the judiciary. Algerian social fabric had been affected by terrorist crimes and efforts had been taken by the State to address the needs of the victims, especially women and children. There was a charter for national peace and reconciliation to put and end to the appalling situation facing the country without discrimination.

KWABENA BAAH-DUODU (Ghana), speaking as a concerned country, said Ghana understood the pressure which the Special Rapporteur on violence against women had been under to do her report; she could only stay in the country for seven days, and therefore had only been able to visit 3 out of its 10 regions. She had had to rely heavily on secondary sources, some of which might not be reliable. As a result, some of the analysis and conclusions drawn did not show a generous understanding of the cultural milieu in which Ghanaians operated. She made blanket generalizations and sought to portray Ghana as a major violator of human rights. Regarding Ghana's governance system, which had a place for its traditional institutions as well, that was one of the reasons that Ghana had not become a failed State. The people trusted those institutions. Traditional Chiefs were not as powerful as the report portrayed: they were not above the law and did not hinder the course of justice. Ghana took exception to the labelling of its Kings and Chiefs as "tribal" Kings and Chiefs, in view of the connotations that term had for non-sociologists. Furthermore, the Special Rapporteur's description of some of the Chiefs as illiterate was unacceptable. It was wished that she had visited some of the palaces in Ghana and had been familiar enough with their customs and traditions to understand the knowledge and wisdom of those so-called illiterates.

Women had equal status with men in Ghana and could be found in all facets of Ghanaian society. There were many women in very important decision-making positions in Ghana, including the Chief Justice – fourth in order of precedence in the country, and many others, as well as many women Ministers. Women also had economic power. In conclusion, Ghana reiterated its commitment to the full enjoyment by women, indeed of all Ghanaians, of their rights, as enshrined in the Constitution and other laws. Ghana recommended that in future such reports be more balanced.

SEBASTIEN MUTOMB MUJING (Democratic Republic of Congo), speaking as a concerned country, said that acts of sexual violence remained a preoccupation for the Government, especially since the beginning of the war. It was for this reason that the Government had extended an invitation to the Special Rapporteur on violence against women to take note of the current situation and to realize and report on the efforts made by the Government to deal with the full effects of this problem. It was in this regard that Yakin Erturk visited the Democratic Republic of Congo in July 2007 and was able to visit the three provinces seriously affected by this phenomenon, those being Northern and Southern Kivu, as well as the Equator. With an aim of establishing peace in the regions of Northern Kivu, the Masisi and Rutshuru, there was indeed great hope that the situation would be improved soon. The Government also recognized that many of these horrific acts were committed by men in uniform, primarily by uncontrollable armed militias, both national and foreign. They used rape as a weapon of war to demoralize the people. The Government would have wished for the Special Rapporteur to carry out more research on the cases of rape by members of the peacekeeping forces operating in that country.

With respect to combating impunity, efforts made by the Democratic Republic of the Congo were significant. It had ratified the Rome Statue of the International Criminal Court in March 2002. On the basis of this and other laws, sanctions were now being applied to perpetrators of sexual violence. In order to help victims have access to justice, a Government initiative had been established to help victims at the medical and psychological levels. Furthermore, the Government, in partnership with the European Union, was working diligently on the reform of the judicial system. The Government had also adopted the Convention on the Elimination All Forms of Discrimination against Women. In conclusion, restoring peace was the essential factor for achieving all goals related to the elimination of sexual violence.

PROSPER VOKOUMA (Burkina Faso), speaking as a concerned country, said the Government of Burkina Faso appreciated that the report had fully met the terms of reference of the mission undertaken in the country. In receiving the mission, the Government of Burkina Faso had expressed its openness and willingness by way of cooperating with the international community in compliance with human rights norms in the country. No effort would be spared to implement the recommendations made by the Independent Expert. However, contrary to what was published in the report, in particular in paragraph nine, judges did, in fact have access to relevant texts which were widely published in sets and provided to all judges. Moreover, there was sound training at the national schools of the judiciary and ongoing training sessions conducted by the Ministry of Justice testified to this.

Interactive Dialogue

IMRAN AHMED SIDDIQUI (Pakistan), speaking on behalf of the Organization of the Islamic Conference (OIC), thanked the Independent Expert on economic reform policies, Mr. Mudho, for his report. It had rightly highlighted that a debt sustainability analytical framework could help to identify the proportion of grant requirements, particularly of the official development assistance for individual countries. There was a need to reform the international financial institutions to increase the developing countries' participation in the decision-making process, as well as to strengthen their accountability with regard to their human rights obligations. The OIC would appreciate the Independent Expert's views on the need for an optimal fiscal space, which not only enabled States to respect their basic human rights standards, but also enabled them to receive financial assistance with non-disabling repayment obligations.

The report of the Special Rapporteur on violence against women was welcomed. It coincided with the launch of a global campaign by the Secretary-General. A reliable set of indicators could be ensured through collection of data in a systematic manner. But limited technical capacities as well as lack of resources in developing countries would seriously hamper such efforts. Social and cultural sensitivities were other important factors that needed to be taken into account. The OIC asked for the Special Rapporteur's perspective on that issue. On the report of the Special Representative of the Secretary-General on human rights defenders, the OIC noted ideas on indicators for human rights defenders. It would welcome her views on how best to define such indicators in strict legal terms?

ROMAN KASHAEV (Russian Federation) noted the relevance of the reports, especially in the context of the Millennium Development Goals. They stressed the need for the development of accurate statistical indicators. In a question to Ms. Erturk, the Russian Federation asked on which principle were the categories of violence selected? In addition, the Special Rapporteur on Torture had paid particular attention to violence against women. Were there efforts to collaborate between the two Special Rapporteurs on these issues?

The Russian Federation also drew attention to the fact that the definition of human rights defenders was difficult to discern. The Special Representative was trying to define human rights defenders as a vulnerable group and on what basis did she select the most vulnerable human rights defenders? This work had not addressed the work of human rights defenders and their actions and the Special Representative did not assess potential crimes committed by human rights defenders. This of course did not amount to a denial of the work on human rights defenders and the Russian Federation hoped that constructive comments by States would be used to improve the mandate of this topic, in particular for Ms. Jilani’s successor.

CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala) noted that as part of her mandate the Special Representative on human rights defenders was able to visit Guatemala several years ago and again as recent as three weeks ago. Guatemala had constantly responded to her communications and urgent appeals. During her last visit, the Special Representative was able to see the progress made as well as obstacles remaining in the country. The Government gave full priority to the work of human rights defenders. The decision of the President of Guatemala taken recently to improve the situation of human rights defenders in the country was recalled.

DON MACKAY (New Zealand), speaking also on behalf of Canada, said that New Zealand and Canada attached great importance to the advancement and implementation of the rights of women and girls internationally. Violence against women and girls remained one of the most serious, widespread ongoing human rights violations around the world. It was also the most underreported and undocumented. Violence against women bred a culture of silence. It was the duty of the Council to break that silence. The Special Rapporteur on violence against women's report provided an invaluable resource in support of the establishment of an international consensus on indicators. What steps could be taken to ensure that statistics and indicators fully took into account the diversity of women, in particular, women with disabilities, indigenous women, refugee and migrant women, older women and women living in poverty?

YAKDHAN EL HABIB, of the African Union, said that for several decades the African Continent had experienced the debilitating and adverse effects of externally imposed economic policies and foreign debt burden. The Structural Development Programmes introduced in the 1980s and imported substitution policies had not translated into much expected economic growth. As a result of these policies, one of the negative consequences was the huge drain in the continent’s trained and experienced manpower resources. Reversing the brain drain should therefore be a main area of examination for the Independent Expert. Though the report had raised a number of key issues, these needed to be pursued further by the Independent Expert with a view to their greater elaboration and elucidation.

LUZ ANGELA MELO, of the United Nations Population Fund (UNFPA), said at the dawn of the twenty-first century the prevalence and effects of violence against women and girls on individuals, communities and countries remained largely invisible and underestimated. However, there were encouraging developments of increased attention to violence against women. Over the last decades, UNFPA had consistently advocated for the prevention of violence against women and girls considering it as a human rights violation and a development and public health concern in line with the International Conference on Population and Development, the Beijing Conferences and other international agreements and human rights instruments. UNFPA expressed its support to the work of the Special Rapporteur on violence against women and found that her efforts in developing proposals for indicators on violence against women and on measures taken to eliminate violence against women would be very useful for data collection, tracking changes and, most importantly, in designing responses. UNFPA supported the setting up of a small working group in that regard. Moreover, UNFPA recognized the greater role that the Special Rapporteur was playing for the protection of women’s rights.

VEBJORN HEINES (Norway) welcomed the report of the Special Rapporteur on violence against women and the proposal for indicators and benchmarks on violence against women and girls to allow for comparison and assessment of progress over time by States as well as between States. The selected composite indicators were useful, and there was clearly a need for further refinement, but the proposal was a good basis for moving forward. Norway welcomed the report of the Special Representative of the Secretary-General on human rights defenders, and was impressed with the way she had shaped that important mandate. She had set the standard for future mandate holders. The report further focused on follow-up activities undertaken by the Special Representative and the role of stakeholders in implementing her recommendations. In that connection, Norway asked how the Human Rights Council, through its review, rationalization and improvement process, the Universal Periodic Review or its regular work, could most effectively contribute to promote the role of stakeholders with a view to making the promotion and respect of the Declaration on Human Rights Defenders their own goal?

MURILO VIEIRA KOMNISKI (Brazil) expressed Brazil’s appreciation to the Special Representative of the Secretary-general on the situation of human rights defenders in fulfilling her mandate. In October 2004, the Government had introduced the National Programme for the Protection of Human Rights Defenders under the responsibility of the Special Secretariat for Human Rights. In recent years, the Government had taken measures to turn the Programme into reality, establishing Pilot Coordinating Offices in the States of Pará, Bahia and Mato Grosso. One of the proposals currently being discussed by the Government called for the setting up of a national force, or a group of qualified police officers who would be assigned solely to the protection of threatened persons. Brazil also fully supported the joint activities carried out by different mandate holders and detailed in Paragraph 90 of the report by the Special Representative. The Government of Brazil applauded the Special Rapporteur on violence against women, stating that she had correctly reported that culturally-based permissiveness and attitudes were prime causes of the continuation of violence against women. In conclusion, the Government of Brazil reiterated the fact that it was highly committed to the eradication of violence against women and recognized women to be fully equal members of society in every way.

ZIVA NENDL (Slovenia), speaking on behalf of the European Union, with regard to the report of the Special Representative of the Secretary-General on human rights defenders, said the report highlighted the need to assess the effectiveness of the mandate as a protection mechanism. It was proposed that a new mandate-holder would be nominated as Special Representative of the Secretary-General. The Special Representative was asked what steps had been taken to ensure that the change-over would be smooth to avoid any loss in momentum. The Special Representative was also asked how effective cooperation with regional and international mechanisms had been achieved while avoiding duplication of work. While noting that a lack of State cooperation was persistently highlighted in the report of the Special Representative, she was asked how States might be further encouraged to better engage with the mandate. As regards to the proposal to compile a training manual, she was asked who might undertake this task. With regard to the Group of Experts on Darfur, she was asked if she planned to remain engaged in this issue.

The European Union warmly welcomed the work of the Special Rapporteur on violence against women and believed it was important to include indicators in order for this valuable information to be easily accessible to all. The Special Rapporteur was asked how she planned to implement this list of indicators in her own work. She was also asked how the Human Rights Council could effectively address violence against women in the Democratic Republic of the Congo in the key areas of justice and security. Turning to the report of the Independent Expert on economic reform, the European Union asked him to elaborate further on how he specifically saw the World Bank and the International Monetary Fund elaborating human rights criteria or other such human rights components in their policies and projects with States.

MICHAEL KLEPSCH (Germany) said that Germany was fully convinced of the importance of the work carried out by the Special Representative of the Secretary-General on the situation of human rights defenders which had contributed immensely to the safety of human rights defenders in many parts of the world. This mandate was a lighthouse for hope. The mandate should be continued, but with focus on the regions of the world where human rights were most threatened. Special attention should also be given to human rights defenders that were at particular risk of becoming victims of human rights violations, in particular women and those defending rights of indigenous people and minorities as well as lesbians, gays, bisexual and transgender persons. Also, the quality of responses by States had to be further improved, thus Germany shared the recommendation to make the situation of human rights defenders one element to be reviewed by the Universal Periodic Review process. Which elements could be taken into the framework of the Universal Periodic Review to urge countries with a track record of harassments to cease them?

ROBERT-JAN SIEBEN (Netherlands) asked the Special Rapporteur on violence against women if she would elaborate on why she had chosen only to include grave violence in the basic outcome indicators and more specifically why she felt the forms mentioned in paragraph 59 should be considered as forms of grave violence against women. The Netherlands also expressed its concern about the persistence of violence committed against women in areas such as Southern Iraq and the Democratic Republic of the Congo. According to the Basra Security Committee, the security vacuum had taken a heavy toll among women, leaving as many as 133 killed in Basra last year. The perpetrators were hardly ever brought to justice. With regards to the Democratic Republic of Congo, were there any suggestions as to what mechanisms the Human Rights Council could use to promote the protection of women? The Netherlands also noted that some forms of violence against women were even less explored than others, such as early and forced marriage, female genital mutilation and dowry related crimes. On these and other issues, what measures could be taken by the Council, as well as individual Member States, to improve data collection on violence against women in order to accelerate the fight against all forms of violence against women.

JIHAN MIRZA (Australia) reaffirmed that Australia believed that the mandate of the Special Representative on human rights defenders played a critical role in the promotion and protection of human rights around the world. Australia continued to contribute to the improvement of human rights defenders worldwide and noted with concern that in many countries people continued to face violence and threats because of their human rights activities. The presumption of various governments in this regard was a worrying trend. Countless incidents of such behavior continued around the world. Australia believed that the forthcoming elections in Zimbabwe merited the attention of the Human Rights Council. Human rights defenders could be very vulnerable in such circumstances and may be unaware of mechanisms to support their efforts. Australia was concerned about the deteriorating situation of human rights in Zimbabwe. Australia noted the inclusion of Sudan and the Democratic Republic of the Congo as part of the Special Rapporteur consultations. Australia was deeply concerned about gender-based violence occurring in Sudan and asked the Special Rapporteur if sufficient emphasis was being placed on this issue in the country.

ABDULLAH AL-ALSHEIKH (Saudi Arabia) said that Saudi Arabia appreciated the efforts of the Special Rapporteur on violence against women. The study of criteria envisaged in her report should be based on several elements, under which: the social cultural value of specificities of certain societies, the awareness raising for women and family education and national legislation practiced by States in order to protect women. The Special Rapporteur’s visit to Saudi Arabia last February was welcomed. Saudi Arabia was determined to respect the Convention on the Elimination of All Forms of Violence against Women.

PATRICK RITTER (Liechtenstein) welcomed the active engagement of the Special Rapporteur on violence against women with different stakeholders at the regional level, including the Council of Europe. It considered the elaboration of indicators on violence against women at the international level to be a very valuable project that would raise awareness and mobilize further action. Liechtenstein also shared the view that such indicators should constitute the basis for more in-depth national research to help ensure that local contexts were captured. In a question to the Special Rapporteur, which sources should constitute the basis for defining grave violence? Finally, the Government of Liechtenstein expressed its view that the work on social indicators should be a priority in the further development of this project.

NATHALIE RONDEUX (Belgium), with regard to the visit of the Special Rapporteur on violence against women to the Democratic Republic of the Congo, said while war had come to an end in parts of the country, sexual violence had spread in the country like gangrene. Firm policies were needed to combat such acts as well as impunity for the perpetrators. This violence was now being perpetrated by civilians, in addition to the military. The Special Rapporteur was asked what were the measures that should be set up most rapidly. It was indispensable that the international community joined efforts to put an end to these violations. The Special Rapporteur was asked whether the Special Rapporteur looked into the measures envisaged by the programme established in the Democratic Republic of the Congo under the auspices of Belgium.

ABDUL GHAFOOR MOHAMED (Maldives) said that the Maldives welcomed the reference in the Special Rapporteur’s report on violence against women about establishing indicators to combat this appalling violation of human rights. The Maldives was in the process of taking significant steps to provide better safeguards for women and children. The Government was currently working on a bill on domestic violence. The two first women judges had been appointed lately. The Special Rapporteur was invited to visit the Maldives in the course of the year.

OMAR SHALABY (Egypt) said that concerning human rights defenders, Egypt was fully committed to the realization of the rights of anyone, acting individually or in association with others, to promote and protect human rights and fundamental freedoms. Egypt boasted a vibrant civil society, including 20,000 non-governmental organizations working in various fields, including in the protection and promotion of human rights. However, Egypt expressed its alarm at the growing trend witnessed in recent years, where some self-proclaimed human rights defenders had engaged in activities contrary to applicable national legislation and violated the most basic of human rights and humanitarian principles. Furthermore, with respect to the indicators on violence against women, there was an allusion to an acronym, LGBT (Lesbian, Gay, Bisexual and Transsexual), without any indication as to what these four letters depicted. A process to review a number of laws to make them more gender-specific was also underway. Finally, Egypt felt that the indicators dealt with the issue of violence against women in the abstract, and failed to address adequately the root causes and the possible means of prevention of this phenomenon.

MICHEAL TIERNEY (Ireland), with regard to the report of the Special Representative on human rights defenders, said Ireland had recently emerged from a long conflict and it was the help of human rights defenders that facilitated the country to emerge from that conflict. As to the issue of universality, it was the opinion of Ireland that individuals who might be raped or murdered because of their private lives were entitled to the same protection and care as others.

IMAD ZUHAIRI (Palestine), speaking on behalf of the Arab Group, said the Arab Group supported the continuation of the mandate of the Special Rapporteur on violence against women. Arab societies protected the dignity of men and women. Violence against women was a crime and it was made clear in the Arab Charter on Human Rights. On the indicators that the Special Rapporteur on violence against women had suggested, it was important for the United Nations bodies to be involved in this but countries should also be consulted and they had to approve them before they were adopted. On the other hand, these indicators did not mention violence against women under foreign occupation. What about the torture inflicted on Palestinian prisoners in Israeli prisons, particularly the women, wasn‘t this also a crime against women? Neither did the indicators mention violence against migrant and indigenous women.

YURI GALA (Cuba) said that Cuba wanted to address two issues. The first was related to the implementation of payment plans on developing countries, who continued to finance the wealth and opulence enjoyed in the global North. The debt on developing countries was not only unreasonable but also impinged on a number of fundamental human rights, including the right to development. Cuba agreed with the Independent Expert that the management of debt was an important issue and would shortly be circulating a draft resolution with suggestions regarding the mandate of the Independent Expert.

The embargo on Cuba by the United States had not kept Cuba from respecting the rights of women, who occupied more than a third of the positions in parliament. However, it wished to address another issue, stating that many principles of international law obliged the Government of the United States to grant visas to women who wished to visit their husbands under incarceration in that country.

MOHAMMED LOULICHKI (Morocco), with regard to violence against women, affirmed that States had the obligation to demonstrate their universality and respect for human rights in order to implement effective measures to combat violence against women. Morocco had been involved in reform plans aimed at protecting women in view of persisting violence against women and a strategy had recently been drawn up in that regard. This strategy was the result of a joint approach between the Government and civil society and stressed the development of resources and structures directly involved in countering violence against women. The strategy also stressed education, awareness raising, training and partnerships. It was also noted that an operation plan was started in 2004 which was leading to the setting up of a hotline for women victims and a gender focal point had been designated for the judicial police. Moreover, there was a draft law dealing with violence against women. This was all being carried out alongside awareness raising activities for judges and other public officials.

MASLAILA BINTI RAMLI (Indonesia) said that Indonesia would make their comments on the proposed indicators on violence against women as soon as they had comprehensively studied the issue. Indonesia had conducted a national social and economic survey which had also included a survey on the prevalence of violence against women. A law had been enacted, which imposed heavy sanctions for such violations. It was hoped that in developing indicators in the future, the Special Rapporteur would involve the views of as many stakeholders as possible. Country initiatives should be taken into account in this regard.

MUSTAFIZUR RAHMAN (Bangladesh) said that accountability was an issue that should be applied to all, including States and non-State actors, as well as human rights defenders. Human rights activists should be brought to accountability and there were numerous cases in which human rights defenders abused their positions. The Government expressed its appreciation for Ms. Erturk’s indicators, which should be used as a means and not an end to the problem of violence against women. In addition, the enjoyment of economic, social and cultural rights required international cooperation. Finally, the cancellation of debt for certain Lesser Developed Countries (LDCs) was welcomed, although the Government noted that debt repayment was a serious problem for many countries and should have been extended to all developing countries.

EDVARDAS BORISOVAS (Lithuania) after thanking the Special Rapporteur on violence against women and expressing support for her proposal to include indicators, noted that the international community had undertaken efforts to improve the status of women and improve gender equality. However, despite these efforts, violence against women still prevailed in all its forms. The eradication of violence against women had been a long standing priority of the Baltic States. Alongside its own cooperation and national actions, Lithuania supported all efforts taken at the international level to eradicate violence against women. Priority attention should also be given to the perpetrators as well. The Special Rapporteur was asked for her opinion on these issues.

NATALIE KOHLI (Switzerland) said that Switzerland regretted the upcoming departure of the Special Representative of the Secretary-General on violence against women. Could she give some details on the future of this mandate and what advice she would give to her replacement? On violence against women, a national police database was currently being developed in Switzerland. Thus, information could be analysed in regard to gender linked violence. The indicators proposed by the Special Rapporteur did not need to be endorsed by States. Was it important to complete the data collected using statistical tools by adding victim testimonies?

JOHN VON KAUFMANN (Canada) congratulated Ms. Jilani for her tireless efforts to promote her mandate over the past seven years. Human rights defenders played a critical role in the protection and promotion of human rights and as such Canada was deeply concerned by the continued harassment of human rights defenders in many countries worldwide, in particular women’s human rights defenders. Canada also greatly appreciated the indicators that the Special Representative had developed on human rights defenders and agreed that the universal periodic review could offer a positive means to review the conditions of human rights defenders in different countries. Moreover, Canada expressed its deep concern over the situation being faced by human rights defenders in Burma. On this specific issue, Canada asked Ms. Jilani what could be done by the international community to encourage Burma to respect the human rights of these defenders.


For use of the information media; not an official record

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