HUMAN RIGHTS COUNCIL REVIEWS MANDATES OF WORKING GROUP ON PEOPLE OF AFRICAN DESCENT AND SPECIAL REPRESENTATIVE ON HUMAN RIGHTS IN CAMBODIA

The Human Rights Council this afternoon reviewed the mandates of the Working Group on People of African Descent and the Special Representative of the Secretary-General on the situation of human rights in Cambodia. It also started its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

In the review, rationalisation and improvement of the mandate of the Working Group on People of African Descent, South Africa, speaking on behalf of the African Group, introduced the mandate and said it would ask the Council to extend the mandate for three years. The implementation of the recommendations of the Working Group remained a challenge and the provision of adequate resources still had to be addressed. The African Group urged Member States to support this resolution and to support the work of the Working Group.

A statement by Joe Frans, Expert Member of the Working Group on People of African Descent, was read out by Sima Samar, Special Rapporteur on the situation on human rights in Sudan. The statement said the mandate of the Working Group remained a vital tool in the fight against racism, racial discrimination, xenophobia and related intolerance as directed against people of African descent. The mandate of the Working Group had a unique added value within the group of mechanisms created to implement the Durban Declaration and Programme of Action in that it directly addressed the situation of a sector of society that was particularly victimised by the scourge of racism, racial discrimination, xenophobia and related intolerance.

In the discussion, speakers underscored the need to establish national mechanisms to monitor racial discrimination as the Working Group had suggested in connection with the Durban Review Conference. An effective system to protect against discrimination in the framework of the universal system of human rights should improve and provide consistency between the relevant mechanisms, thereby preventing duplication and enhancing effectiveness. Speakers supported the work of the Working Group on People of African Descent, the extension of the mandate and the request for more funding.

Speaking on the issue were the delegations of France on behalf of the European Union, Ghana, China, Brazil, China, Pakistan on behalf of the Organization of the Islamic Conference, and Algeria.

Japan introduced the review, rationalization and improvement of the mandate of the Special Representative of the Secretary-General on the human rights situation in Cambodia. It noted that Cambodia had made substantive progress since the mandate had been introduced in 1993. However, there were still issues and challenges to be tackled by the Government of Cambodia, such as land ownership, establishing the rule of law, ensuring independence of the judiciary, and others. Japan underlined the need for the international community to provide advisory services and technical assistance to Cambodia in order to address human rights issues that needed further improvement. It proposed renewal of the mandate for one year.

The statement of the Special Representative of the Secretary-General on the human rights situation in Cambodia, Yash Ghai, was read out by Ms. Samar. In the statement, Mr. Ghai said that he had intended to visit Cambodia to review the human rights situation there, but he had to cancel his visit due to visa problems. As he had feared, and warned in his last report, there had been serious deficiencies in the general elections in July this year. The Special Representative urged that the Council extend the mandate, and that his or her successor receive full support from the Council, the United Nations family and the international community, although he had not had such support. He said he had tendered his resignation as Special Representative.

Cambodia, speaking as a concerned country, noted that human rights represented a process of learning and should not be a tool for shaming. The new mandate holder should focus his or her work on more relevant areas namely on advisory services and technical cooperation which reflected the genuine need for Cambodia in this new context.

In the discussion on the mandate, several countries said that they were encouraged by the progress made by Cambodia. However, many fundamental issues needed to be addressed. Cambodia insufficiently complied with international laws and human rights provisions and extra efforts had to be ensured to improve this compliance. There were ongoing reports of security forces committing extrajudicial killings and acting with impunity and other human rights violations, especially those related to the rule of law, arbitrary arrests, the judiciary and continued confiscation of land and forced evictions.

The delegations of France on behalf of the European Union, Canada, Malaysia, Switzerland, the Republic of Korea, Indonesia, Sri Lanka, Australia, New Zealand and Viet Nam took the floor. The following non governmental organizations also spoke: the International Federation of Human Rights Leagues, Human Rights Watch, Asian Legal Resource Centre and the Centre on Housing Rights and Evictions.

Kyung–Wha Kang, the United Nations Deputy High Commissioner for Human Rights, presented a series of reports by the Secretary-General, the High Commissioner for Human Rights or her Office and discussed those pertaining to the agenda item on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and agenda items 8 and 9.

In the general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, speakers raised the issues of violence and discrimination against women, children’s rights, the principle of non-discrimination and freedom of expression. Many speakers stressed the importance of the right to development. Some speakers also criticized the Return Directive adopted by the European Union Parliament which they said clearly violated the fundamental rights of human beings and the rights of migrants.

Speaking in the general debate were the delegations of France on behalf of the European Union, Egypt on behalf of the African Group, Chile on behalf of the Group of Latin American and Caribbean States, Pakistan on behalf of the Organization of the Islamic Conference, Brazil on behalf of MERCOSUR Southern Common Market, Cuba on behalf of the Non Aligned Movement, Pakistan, Japan, Bolivia, Qatar, Indonesia, China, India, Malaysia, Algeria, Ecuador, New Zealand, Syria, Yemen, Viet Nam and Morocco.

The Human Rights Council will meet at 10 a.m. on Tuesday, 16 September to conclude its general debate on the promotion and protection of all human rights. It will then engage in an interactive dialogue with Sima Samar, the Special Rapporteur on the situation on human rights in Sudan, and take up human rights situations that require the Council’s attention.


Review, Rationalization and Improvement of Mandate of Working Group on People of African Descent

BEULAH NAIDOO (South Africa), speaking on behalf of the African Group and introducing the mandate of the Working Group on People of African Descent, said that the Office of the High Commissioner for Human Rights was to be commended for the support it provided to the Working Group on People of African Descent.

The African Group believed that the mandate of the Working Group on People of African Descent could provide an important contribution to the Durban Review Process, notably through the tools it had devised. South Africa noted that the implementation of the recommendations of the Working Group on People of African Descent remained a challenge, while the provision of adequate resources still had to be addressed. The African Group reiterated its support to this mechanism, especially in view of challenges posed by racism and xenophobia.

In the context of the review, rationalisation and improvement of mandates, the African Group was introducing a draft resolution to the Human Rights Council that called for the extension of the mandate of the Working Group on People of African Descent for three years. South Africa urged Member States to support this resolution and to support the work of the Working Group.

SIMA SAMAR, Special Rapporteur on the situation on human rights in Sudan, reading out the statement on behalf of JOE FRANS, Expert Member of the Working Group on People of African Descent, presenting the report of the Working Group, said that the mandate of the Working Group remained a vital tool in the fight against racism, racial discrimination, xenophobia and related intolerance as directed against people of African descent. The problems faced by this sector of society continued to be challenges that required the full attention of the world community and a dedicated mechanism that sought to address them. The Working Group had during its sessions discussed these challenges with the assistance of invited panellists and had formulated numerous recommendations on how to tackle them. Racism directed at people of African descent manifested itself in many spheres of life. The challenges faced by people of African descent had also recently been noted in the report of the Regional Conference for Latin America and the Caribbean Preparatory to the Durban Review Conference, held in Brasilia this June. The report also recognised the gravity of the problem and the importance of the mandate that the Working Group fulfilled.

The statement said that in the report of the Regional Conference for Africa Preparatory to the Durban Review Conference, held in Abuja this August, there were also numerous references to the situation of people of African descent who faced racism, racial discrimination, xenophobia and related intolerance. The importance of the mandate of the Working Group was also highlighted in this report.

The Working Group had dedicated its last session to the formulation of a series of recommendations, based on the discussions that had taken place in all of its previous sessions. These recommendations had been presented to the last session of the Preparatory Committee for the Durban Review Conference as an input to the Durban Review process. The mandate of the Working Group had unique added value within the group of mechanisms created to implement the Durban Declaration and Programme of Action in that it directly addressed the situation of a sector of society that was particularly victimised by the scourge of racism, racial discrimination, xenophobia and related intolerance.

SIDONIE THOMAS (France), speaking on behalf of the European Union, said that the Working Group on People of African Descent had made a number of concrete recommendations for the elimination of racism. The European Union underscored the need to establish national mechanisms to monitor racial discrimination as the Working Group had suggested in connection with the Durban Review Conference. Also, the Working Group recommended that States ratified the relevant instruments and the European Union welcomed this recommendation. The European Union noted that only one country visit had been conducted by the Working group to Belgium. The European Union encouraged the Working Group to conduct country visits elsewhere.

MERCY YVONNE AMOAH (Ghana) acknowledged all the work done by the Working Group on People of African Descent and noted that much more remained to be done, in the view of ongoing racism and discrimination against people of African origin. Ghana supported the call for the renewal of the mandate of the Working Group, in the hope that more support and attention would be provided to the topic. Ghana reiterated the call for more resources to be made available for the Working Group to enable the work against racism and discrimination against people of African descent.

BRUNA VIEIRA DE PAULA (Brazil) said that Brazil was deeply committed to the elimination of racism, racial discrimination, xenophobia and related intolerance. In that regard, Brazil had hosted in June the first Regional Conference Preparatory to the Durban Review Conference, which was considered a success. An effective system to protect against discrimination in the framework of the universal system of human rights should improve and provide consistency between the relevant mechanisms, thereby preventing duplication and enhancing effectiveness. Brazil acknowledged the relevance of the Durban follow-up mechanisms. The Working Group had made important and significant efforts in analyzing the current situation, conditions and the extent of racism against people of African descent. Brazil supported the renewal of the mandate of the Working Group. Civil Society representing people of African descent also had an important role to play in the meetings and activities of the Working Group.

KE YOUSHENG (China) said that racism and xenophobia were rampant problems. It was the responsibility of the international community to eliminate them and to promote the equal rights of the most vulnerable people, including people of African descent. China supported the Working Group and its work.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference strongly supported the work of the Working Group on People of African Descent, the extension of the mandate and the request for more funding. The Working Group on People of African Descent provided substantive input to the Durban Review Process. The Organization of the Islamic Conference noted the need to change the negative image and perception of people of African descent and origin.

IDRISS JAZAIRY (Algeria) thanked the Working Group for all the work it had carried out since its establishment. Algeria supported the renewal of the mandate for a further three years. As they embarked in the Durban Review Conference process, it was necessary to ensure the implementation of the recommendations of the Working Group and to make sure that it had adequate financial resources.

BEULAH NAIDOO (South Africa), speaking on behalf of the African Group to conclude the discussion, reiterated that the African Group believed that the work of the Working Group on People of African Descent should continue. South Africa noted that many delegations supported the work of the Working Group and that this would continue in order to enhance various mechanisms following the Durban Review Conference. South Africa would hold an open consultation on its draft resolution for the Durban Review Conference that would take place in Geneva in April 2009. South Africa stressed that this Conference would not be the end of the fight against racism and xenophobia and that the fight had to go on.

Review, Rationalization and Improvement of Mandate of Special Representative of Secretary-General on Human Rights Situation in Cambodia

SHINICHI KITAJIMA (Japan), introducing the mandate of the Special Representative of the Secretary-General on the human rights situation in Cambodia, noted that Cambodia had made substantial progress since the mandate had been introduced in 1993. Among the progress achieved, Japan emphasized the creation of the Khmer Rouge Tribunals that were expected to fulfil the objective of the relevant provisions of the Paris Agreement, which had formed the basis for the mandate. Japan noted that the parliamentary elections of July 2008 had been generally peaceful and conducted in a democratic manner. There were still issues and challenges to be tackled by the Government of Cambodia, with the assistance of the international community, such as land ownership, which had emerged as a new kind of issue against the backdrop of social and economic development in the country, establishing the rule of law, ensuring independence of the judiciary and other issues.

Japan highlighted the importance of the mandate-holder’s constructive dialogue with the Government of Cambodia with a view to advancing towards the post-Paris Agreement phase and hoped further development in the human rights situation would be achieved under mutual cooperation based upon the relation of trust. Japan believed the extension of the mandate was essential for extending constructive assistance to address human rights challenges in Cambodia.

In its concluding remarks, Japan noted substantial progress in the human rights situation in Cambodia and the need for the international community to provide advisory services and technical assistance in order to address human rights issues that needed further improvement. It was important for the Human Rights Council to consider flexible approaches with Cambodia in its cooperation with the country, taking into consideration the progress and developments Cambodia had achieved under the mandate. With those issues in mind, Japan proposed the extension of the mandate by one year with the consent of the Government of Cambodia.

SIMA SAMAR, Special Rapporteur on the situation of human rights in the Sudan, reading out the statement on behalf of YASH GHAI, Special Representative of the Secretary-General for human rights in Cambodia, said that Mr. Ghai wrote that he had intended to visit Cambodia to review the human rights situation and to consult with the Government and civil society organizations on the future of the mandate. Unfortunately it had proved difficult to get a visa in good time and he had had to cancel his visit. However, with the help of the Cambodian Office of the High Commissioner for Human Rights and reports of non-governmental organizations, he had been able to apprise himself of the current situation in Cambodia. As he had feared and warned in his last report, there had been serious deficiencies in the general elections in July this year. Little progress had been made in other areas where human rights continued to be violated. Allegations of further irregularities in the management of the extraordinary chambers continued to undermine the good work of the prosecutors and judges.

Reviewing the impact of his reports, advice and recommendations over the past three years, and that of his predecessors, it was hard to see any change for the better. He had had to repeat many of the recommendations the first Special Representative had made. This state of affairs might raise a question as to whether there was any point in the extension of the mandate. The mandated provided an important accountability mechanism both internationally and domestically and served as a source of objective information of the situation of human rights in Cambodia. The country was still facing serious human rights challenges, the statement said.

Mr. Ghai’s statement said if the Council decided to extend the mandate, as he urged it to do, it would be very important that his successor should have the full support of the Council, the United Nations family and the international community. He could not say that he had had a great deal of such support and this had merely encouraged Cambodia’s Prime Minister to constantly insult him. He had called him “deranged”, “short term tourist” and “lazy”. The Office of the High Commissioner for Human Rights had not come to his defence and he had been forced to do so in his own name. Thus, he had tendered his resignation from the position of Special Representative of the Secretary-General on the situation of human rights in Cambodia.

SUN SUON (Cambodia), speaking as a concerned country, said that Cambodia had made great efforts to face great challenges by engaging itself in the promotion and protection of human rights under the United Nations framework. In spite of the fact that the interaction and cooperation with the United Nations on human rights had been uneasy, Cambodia had continued to cooperate. Cambodia noted that there was a wide discrepancy between the de jure mandate of the mandate holder and the way the mandate had been interpreted in practice. Cambodia would appreciate if the approach and method of the work of the Special Rapporteur would be adaptive and thus consistent with the recently adopted resolutions of the Human Rights Council, especially those relating to the Code of Conduct for Special Procedures and Mandate Holders.

Cambodia noted that human rights represented a process of learning and should not be a tool for shaming. It also noted that the country was well known for its records of success and achievements in political, economic, social and cultural sectors through its reform process over the past 10 years in the aftermath of the collapse of the Khmer Rouge. The recent national elections in Cambodia of 2008 were qualified by international observers as smoothly conducted in a democratic atmosphere. The new developments in Cambodia could now be a reflection for the Council to re-examine and reconsider what Cambodia has achieved and where its place should be in the context of the human rights agenda. The new mandate holder should focus his or her work on more relevant areas, namely on advisory services and technical cooperation which reflected the genuine need for Cambodia in this new context.

JEAN-BAPTISTE MATTEI (France), speaking on behalf of the European Union, commended the Special Representative of the Secretary-General on the human rights situation in Cambodia and the Government of Cambodia for the progress made.

The mandate of the Special Representative had been established in accordance with the provision of the Paris Agreement of 1993 and had since been an essential instrument in the improvement of the human rights situation in Cambodia. The mandate-holder had over time presented relevant recommendations to improve the human rights situation and remained indispensable to successive cooperation with Cambodia. The European Union approved the proposition to modify the mandate of the Special Representative of the Secretary-General on the human rights situation in Cambodia.

The European Union noted the positive change and the progress achieved over the past 15 years and noted the issues that still needed to be addressed, such as the rule of law, an independent judiciary, impunity, land confiscation and forced evictions that affected mainly the poor and vulnerable. Although the July elections represented an improvement over the previous ones, some concerns still remained.

The European Union supported the extension of the mandate and considered the review, rationalization and improvement of the mandate as an opportunity to help the Government of Cambodia to further protect human rights. The European Union noted that the Special Representative of the Secretary-General on the human rights situation in Cambodia should identify main areas of concern and highlight areas for cooperation and assistance and noted its readiness to support further cooperation.

JOHN VON KAUFMANN (Canada) thanked the Special Representative of the Secretary-General on the situation of human rights in Cambodia for his efforts since 2005. Canada recognized the ongoing commitment of the Cambodian Government to establish good governance and the rule of law throughout the country. However, as the latest report had shown, these changes were still implemented in an unbalanced manner; much still needed to be done with regard to human rights in the country. The mandate aimed to help the Cambodian Government to take up these challenges. Cambodia should redouble its efforts and dialogue in order to improve the situation. Member States of the Council were called to give their support for the renewal of the mandate.

ISMAIL MOHAMAD BKRI (Malaysia) said that Malaysia was encouraged with the progress made by Cambodia to promote and protect human rights. In particular, there had been progress in the area of legal and judicial reform and efforts to combat key problems such as corruption, human trafficking as well as sexual exploitation of women and children. Malaysia was pleased to note that there was an agreement between Cambodia and the main sponsors of the draft resolution on advisory services and technical assistance for Cambodia. Malaysia hoped that the international community would continue to lend its support and cooperation to Cambodia.

MURIEL BERSET (Switzerland) paid tribute to the Government of Cambodia for improving the human rights situation and congratulated the country on the ratification of the Convention against Torture. Switzerland noted that Cambodia insufficiently complied with international laws and human rights provisions and that extra efforts had to be ensured to improve this compliance. The adoption and implementation of laws was the first indispensable step to be taken.

Switzerland called upon the Government of Cambodia to open the process against those who committed crimes and abuse during the Khmer Rouge era. Switzerland reiterated that the human rights system relied on an appropriate legal framework and independent justice system. National institutions in Cambodia had to enjoy the support of the Special Representative of the Secretary-General on the human rights situation in Cambodia in order to ensure effective human rights policies. Switzerland noted that the 2008 elections which had taken place in a peaceful atmosphere was the evidence of the successful cooperation between Cambodia and the international community. Switzerland supported the extension of the mandate in its current form.

WIE-YOUNG HA (Republic of Korea) said that the Republic of Korea welcomed the Cambodian national elections this year. The ongoing procedure on the Khmer Rouge Tribunal would mark a cornerstone in the history of the country. The international community was continuing to provide help to the country. The Republic of Korea supported the extension of the mandate. It provided the country with practical advice for the protection and promotion of human rights.

BENNY YAN PIETER SIAHAAN (Indonesia) appreciated the cooperation shown to the United Nations by the Cambodian Government, in particular regarding the establishment of a Special Procedures mechanism for Cambodia and the presence of a country office of the High Commissioner in Phnom Penh. Indonesia hoped that these mechanisms would not duplicate each other. Malaysia said that in any country resolution cooperation was of paramount importance and the views of the country concerned should be heard and considered in order to make the mandate effective and successful.

AMEER AJWAD OMER LEBBE (Sri Lanka) noted that in the view of the review, rationalization and improvement of the mandate of the Special Representative of the Secretary-General on the human rights situation in Cambodia, Sri Lanka had been hearing the record and evidence of the progress Cambodia had made in the area of human rights. Sri Lanka hoped the Human Rights Council took note of the statement made by the Cambodian delegation when considering the review, rationalization and improvement of the mandate and noted that the mandate had to be built in full cooperation with the concerned State.

GUY O'BRIEN (Australia) said that this debate was the first occasion that the Council had discussed in any depth the human rights situation in Cambodia since the sixty-first session of the Commission on Human Rights in 2005. There had been many positive developments since then. Australia would engage actively in the negotiation on the draft resolution on advisory services and technical assistance for Cambodia. The objective of Australia would be the adoption of a balanced resolution that renewed the valuable mandate on Cambodia. Continued efforts were required toward effective and transparent processes that ensured that human rights were respected, particularly in addressing impunity, corruption and land disputes. Australia was convinced that a mandate on Cambodia was necessary and would continue to play an important role.

AMY LAURENSON (New Zealand) said that while some progress had been made in Cambodia, New Zealand remained concerned about the ongoing reports of security forces committing extrajudicial killings and acting with impunity and other human rights violations, especially those related to the rule of law, arbitrary arrests, the judiciary and continued confiscation of land and forced evictions. Under these circumstances, the Special Representative had a continuing role to play in assisting the Government and the people of Cambodia. The work of the Special Representative and the Office of the High Commissioner for Human Rights would help ensure that Cambodia did not return to the policies and practices of the past. For these reasons, New Zealand fully supported the renewal of this important country mandate.

VU ANH QUANG (Viet Nam) said Viet Nam was delighted to take note of the progress Cambodia had made in the promotion and protection of human rights, and noted this had happened due to the active participation of the Cambodian population in the political, economic and social life of the country.

Viet Nam noted that the Cambodian economy was in good shape, the political system was democratic, and the consolidation of the rule of law was underway. Further, the country was peaceful, there was no concern of conflict or the reversal to policies and practices condemned in the past. The moment had come to review the approach of the Human Rights Council and develop a new approach to addressing the human rights situation in Cambodia.

JULIE GROMELLON, of International Federation of Human Rights Leagues (FIDH), in a joint statement with Asian Forum for Human Rights and Development (FORUM-ASIA), said that the Federation supported the renewal of the mandate. The reason why the mandate was important was that it allowed the world to stay informed about the situation in the country and conveyed security to local human rights defenders. Land confiscation remained a problem. The Government was ignoring international conventions to which Cambodia was a party. The Council should call on Cambodia to end impunity and to cooperate with all relevant Special Procedures.

JULIE DE RIVERO, of Human Rights Watch, in a joint statement with Amnesty International, called on the Council to extend the mandate of the Secretary-General’s Special Representative for human rights in Cambodia. There was a systemic lack of protection for human rights in Cambodia. The Government continued to demonstrate its unwillingness to seriously address human rights. Cambodia’s failure to institutionalize human rights protection testified to the need for continued United Nations engagement. Lack of integrity and independence within the court system sat at the centre of Cambodia’s current human rights problems. Forced evictions further impoverished the marginalized, who were routinely deprived of redress. Violence against women went unpunished. To end or reduce the mandate’s reporting function would deprive Cambodians of the international oversight which was essential to achieving the effective promotion and fulfillment of the human rights to which they aspired and which they deserved.

MICHAEL ANTHONY, of the Asian Legal Resource Centre, noted that the mandate and the mandate-holder had played a crucial role in any and all recent attempts for the improvement of human rights in Cambodia. Many human rights concerns remained and the Asian Legal Resource Centre urged the Council to include those in the resolution and to ensure a strong continuing country mandate.

The Cambodian Government had honoured many of its international obligations, however, the freedoms of assembly and association, due process, equality before the law, and protection from the arbitrary deprivation of property, had not been oserved, respected or protected. Peaceful public demonstrations were practically banned, the press was under political control, land confiscation was rife. All institutions of the rule of law remained under the control of the ruling Cambodian Peoples’ Party and impunity prevailed as a result. A lack of viable national remedies for victims of abuse engendered the continuing necessity for a strong country mandate.

The Asian Legal Resource Centre noted that any attempts made at weakening this mandate stemmed from as attempt by the government to reduce much-needed monitoring of ongoing violations and said that a strong country mandate was still as necessary as it had been at the time of the creation of the Paris Peace Agreements.

CLAUDE CAHN, of the Centre on Housing Rights and Evictions, said that forced evictions and confiscation of land continued to rank as one of Cambodia’s most pervasive human rights problems. An estimated 150,000 Cambodians lived under the threat of forced eviction. Despite developments in the legislative framework, there remained no comprehensive regulations for the confiscation of property by the State or of evictions and relocations. Those protections that were in place were frequently ignored by the Government and the courts. Security of land tenure was weak or absent for poor and vulnerable communities. Evicted communities had been removed to unimproved rice-fields in peri-urban areas, with no access to employment, potable water or sanitation facilities. In recent months there had been a reduction in the democratic space available to civil society to oppose forced evictions.

SHINICHI KITAJIMA (Japan) said in concluding remarks that it was important to provide technical assistance to Cambodia. A flexible approach had to be taken, taking into account the progress made by Cambodia. Japan proposed an extension of the mandate for one year with the consent of the Government of Cambodia.

Documents Before the Council on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

The Council has before it the report of the Secretary-General on human rights and unilateral coercive measures (A/HRC/9/2), which looks at the views and information supplied by Member States on the implications and negative effects of unilateral coercive measures on their populations, as requested in Human Rights Council resolution 6/7. As at 30 June 2008, the Office of the United Nations High Commissioner for Human Rights had received responses from the Governments of Albania, Algeria, Belarus, Cuba, Ecuador, Iraq and Venezuela and the report summarizes those responses. Among the responses, the escalating nature of unilateral coercive measures was noted, and the fact that it was people in developing countries that were the main victims of such measures taken by developed countries.

The Council has before it the report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/9/8), which examines some of the main interventions undertaken by Office of the High Commissioner for Human Rights (OHCHR) to strengthen the promotion and protection of the rights of persons belonging to national or ethnic, religious and linguistic minorities since the previous report. Such activities include capacity-building of civil society, staff and other partners; inter-agency cooperation; building thematic expertise; and preparations for the Forum on Minority Issues. In particular, OHCHR established the Minority Fellowship Programme in 2005 with a view to building the capacity of civil society and empowering representatives of minorities to know their rights and to use United Nations human rights mechanisms. With regard to inter-agency cooperation OHCHR organized in 2007 several meetings of the Inter-Agency Working Group on Minorities, comprising of United Nations specialized agencies. In recommendations, the report says the Council might consider grouping all reports on minorities, including that of the independent expert on minority issues, the Forum on Minority Issues and the High Commissioner at one time in order to facilitate governmental delegations and permit greater participation by minority organizations in the work of the Council on this issue.

The Council has before it the report of the United Nations High Commissioner for Human Rights on the rights of indigenous peoples (A/HRC/9/11), which outlines activities undertaken under the aegis of the Office within the last 18 months to promote and protect the rights of indigenous peoples. Such efforts include activities to promote the wide dissemination, understanding and implementation of the Declaration on the Rights of Indigenous Peoples; activities in conjunction with the Expert Mechanism on the Rights of Indigenous Peoples, which will hold its first session from 1 to 3 October 2008; priority given to the work of the Permanent Forum on Indigenous Issues; elaboration, in conjunction with the International Labour Organization, of a framework for guidelines for the integration of indigenous issues into United Nations country programmes, as requested by the Inter-Agency Support Group on Indigenous Issues; and work undertaken towards the establishment of a global mechanism to monitor the situation of indigenous peoples in voluntary isolation. It also looks at efforts related to indigenous peoples in urban environments; to the indigenous fellowship programme; to the UN Voluntary Fund for Indigenous Populations; to activities undertaken in Africa; and efforts relating to a study on the implementation of the recommendations of the Special Rapporteur on indigenous peoples in Bolivia, Ecuador and Peru.

The Council has before it the report of the Office of the High Commissioner for Human Rights on conscientious objection to military service (A/HRC/9/24), which examines the recent developments in respect of conscientious objection to military service. In terms of national trends regarding conscription, the picture is mixed. It has been reported that a number of countries are considering suspending, ending, or have decided to end conscription. However, other countries are considering introducing conscription or have already done so. It has also been reported that some States with military conscription for men are considering making military service mandatory for women as well. OHCHR is in the process of preparing a publication on conscientious objection to military service and the related subject of alternative service programmes for persons determined to be conscientious objectors. This publication, among other things, will consolidate, in one source, applicable law and jurisprudence, and contain examples of practice at the national level with a view to illustrating different national approaches to implementation relating to this subject. .

The Council has before it the note by the Secretariat on the report of the United Nations High Commissioner for Human Rights on the latest developments in the United Nations relating to combating trafficking in persons as well as on the activities of the Office on this issue (A/HRC/9/27), which notes that the report, which was requested for this session, will be instead be submitted at the tenth session of the Council to ensure that a comprehensive overview of the developments on trafficking.

Presentation by Deputy High Commissioner for Human Rights

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, presented a series of reports by the Secretary-General, the High Commissioner for Human Rights or her Office and discussed those pertaining to the agenda item on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and agenda items 8 and 9.

The High Commissioner’s report on indigenous peoples (A/HRC/9/11) provided information about the activities undertaken by the Office over the last 18 months. Those included work to integrate indigenous peoples’ human rights into international agency processes, organization of seminars and the steps taken to promote the Declaration on the Rights of Indigenous Peoples. The final report would be presented to the Council on its tenth session and would contain, among others, the information about the activities related to indigenous peoples undertaken by field presences in 2008. Covering the same time span, the report of the Secretary-General on the rights of persons belonging to national or ethnic, religious and linguistic minorities (A/HRC/9/8) described some of the Office of the High Commissioner for Human Rights’ key activities, such as capacity-building of civil society and the training of staff and partners, development of thematic expertise and the preparation for the Forum on Minority Issues. It recommended that the Council grouped together all pertinent reports once a year to facilitate the work of governmental delegations and permit greater participation by concerned organizations and stakeholders.

The Deputy High Commissioner said the report on conscientious objection to military service (A/HRC/9/24) covered recent developments of jurisprudence at the international, regional and national level and the related issue of compulsory alternative service to persons who were granted conscientious objector status. Regarding the report on trafficking in persons, especially women and children (A/HRC/9/27), she drew attention to a note that explained that the report would be delivered at the next session of the Human Rights Council. The report on the impact of unilateral coercive measures on the enjoyment of human rights (A/HRC/9/2) compiled and summarised responses from some governments. Regarding the report on the World Programme for Human Rights Education (A/HRC/9/4), Ms. Kang recalled the growing international action in recent years to adopt intergovernmental frameworks in that area. The report on integrating the human rights of women throughout the United Nations system (A/HRC/9/6) would be presented at the Council’s tenth session.

With regards to the Office of the High Commissioner for Human Rights’ report on the implementation of recommendations made by the Intergovernmental Working Group on the effective implementation of the Durban Declaration and Programme of Action (A/HRC/9/5), the Deputy High Commissioner noted the range of activities the Office of the High Commissioner for Human Rights was engaged in, in order to keep track of the preparation of the 2009 Review Conference and to increase participation and engagement of all stakeholders.

As requested by the Human Rights Council last March, the report on defamation of religions (A/HRC/9/7) was submitted, and it was based on responses and contributions from Member States, regional and non governmental organizations on measures that had been taken and recommendations adopted to tackle various aspects of defamation of religions. On this topic, the Office of the High Commissioner for Human Rights produced a study (A/HRC/9/25), compiling existing legislation and jurisprudence on defamation of and contempt for religions that had concluded that further clarity was needed with regard to the demarcation line between freedom of expression and incitement to religious hatred.


General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

JEAN-BAPTISTE MATTEI (France), speaking on behalf of the European Union, said that in three months the international community would mark the sixtieth anniversary of the Universal Declaration of Human Rights. It would be a time to reaffirm the universality, interdependence and indivisibility of all human rights. Human rights had to be applied for everyone without discrimination or distinction, particularly on grounds of gender. Discrimination against women continued to be of concern. Their rights were too often trampled. Violence against women was still widespread. The European Union had thus made combating violence against women one of its priorities. The existence of the mandate of the Special Rapporteur on violence against women and the encouraging actions taken by the Rapporteur had to be highlighted. However to date there had been only one Special Procedure concerning women’s rights; this was manifestly not enough and the European Union believed that the idea of creating a new enlarged mandate to deal with discrimination against women was worthy of consideration.

Children’s rights were also a subject on which the European Union paid particular attention. The phenomenon of children recruited or used in conflicts remained particularly troubling. There were still several tens of thousands of child soldiers throughout the world. The European Union regretted that the Secretary-General’s Special Representative on violence against children had still not been appointed.

The principle of non-discrimination was one of the essential principles in the human rights field. All discrimination, including discrimination based on sexual orientation, was a violation of the human rights and fundamental freedoms of the individual, particularly the right to privacy. Freedom of expression was one of the fundamental rights. The European Union could never accept the recurrent violations of freedom of expression around the world, such as the persecution of journalists and of media workers, or censorship of any kind on the basis of opinion. The European Union confirmed its willingness to work with all States to combat racism. The European Union’s migration policy was based on solidarity. Their approach was to support legal immigration but also to counter illegal immigration. The aim of the “Return Directive” was to harmonize rules in the European Union on expulsion policies and these complied with the provisions of the European Convention on Human Rights.

Further, confronted with the issues raised by globalization and the challenges of security, law had to prevail more than ever. Universal ratification of the principal conventions was not beyond reach. The European Union also solemnly declared its respect and support for the activities of human rights defenders throughout the world. States were further called to abolish the death penalty where it was still in force.

OMAR SHALABY (Egypt), speaking on behalf of the African Group, said that the criteria for a periodic evaluation of global partnerships for development from the perspective of the right to development were potentially a useful tool and might constitute a sound basis for more elaborate initiatives, in particular arrangements of a legally binding nature and a convention on the right to development. The right to development was not a concept synonymous with human rights at large but a process with unique features. The implementation of the right to development did not entail mainstreaming human rights into development processes but making development a right and an overriding human rights objective. Further, there was no requirement that every sectoral partnership examined by the Task Force reflected all recognized human rights, but a more global perspective should be borne in mind. The aim was not to criticize nor judge partnerships, but to allow various partnerships to identify areas of potential benefit from a right to development.

CARLOS PORTALES (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries, noted that migration was a complex and multi-dimensional phenomenon requiring an integral approach that clearly underlined the shared responsibility among countries of origin, transit and destination of migrants. The starting point in any discussion on migration was that migrants had all the rights universally recognised in treaties and conventions that protected human beings. International migrant flows had contributed to the economic and cultural development of various regions in the world and had become an increasingly important phenomenon in the context of globalization. The vast human movements, particularly from Europe, were part of the history of Latin America and the Caribbean. Millions of Europeans running away from poverty, wars, civil conflict, injustice and persecutions of all kind, were well received by those countries and integrated into their cultures, thus contributing to the development of national States.

For the Latin American and Caribbean region, migration was a subject of prime importance due to its economic, social and political implications and the Group of Latin American and Caribbean States welcomed the inclusion of a round table on the Protection of Human Rights in the World Forum on Migration and Development. Any comprehensive discussion on this topic should involve all actors, including migrants, non governmental organizations and the private sector. In this context, the recent approval by the European Parliament of the Directive on the “Common Standards and Procedures for the Return of Illegal Immigrants”, known as the Return Directive, had created a deep concern in the Group of Latin American and Caribbean States. The Human Rights Council and the Office of the High Commissioner for Human Rights Should closely monitor the implementation of the Return Directive.

Undocumented migrants were not criminals and as a rule should not be subject to detention. The consequences of public policies should not take precedence over human rights obligations. The Group of Latin American and Caribbean States recognised the sovereign right of each State to decide and implement the migration policies and border control it deemed appropriate, but also underscored that such measures had to be compatible with that State’s obligations under international law and international human rights standards. The Group of Latin American and Caribbean States called for an urgent dialogue with the European Union that should be built on the principles of historical reciprocity and common responsibility.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the Organization of the Islamic Conference had read with interest the report of the Working Group on the Right to Development. They had taken note of the criteria developed so far but in its present form it had some shortcomings. The Organization of the Islamic Conference acknowledged that the development of such criteria, which should be general enough to be applicable to all partnerships and focused enough to cater for a specific partnership, was not an easy task. It was understood that development of criteria was a work in progress.

The Organization of the Islamic Conference noted with concern that 22 years after the Declaration on the Right to Development and 15 years after the Vienna Declaration and mid-way towards the Millennium Development Goals, they were still defining the contours of the possible implementation of the right to development. The progress towards effective implementation of the right to development had been rather slow. The Organization of the Islamic Conference underlined that the effective realization of Millennium Development Goal Eight was part of the right to development but not confined to it. The current approach of evaluating different partnerships so as to develop partnership evaluation criteria should not detract from the broader picture, which was the effective implementation of the right to development.

ALEXANDRE GUIDO LOPES PAROLA (Brazil), speaking on behalf of MERCOSUR Southern Common Market, said that MERCOSUR shared the commitment to the implementation of the right to development. The Millennium Development Goals had become a global paradigm and provided an effective means to measure progress. MERCOSUR countries were committed to meet all those goals, which had to be addressed on a regional, a national and an international level. MERCOSUR believed that the Task Force’s initiatives had led to concrete achievements. In joint meetings between MERCOSUR and the Task Force, an exchange of best practices and possible solutions had taken place.

RESFEL PINO ALVAREZ (Cuba), speaking on behalf of the Non Aligned Movement, welcomed the conclusions and recommendations adopted during the last session of the Working Group on the Right to Development and the fact that it had not negotiated the criteria for monitoring of development partnerships. Cuba welcomed the Programme of Work and said that the scope of the criteria should be expanded to cover international cooperation, debt relief, official development assistance, capacity building, transfer of technology and other issues identified in the Millennium Development Goal 8.

The right to development was important to the Non Aligned Movement and it called for the operationalization of the right to development as a priority. More than 20 years since the adoption of the United Nations Declaration on the Right to Development, the gap between developed and developing countries was widening as a result of an inequitable and unfair economic system, globalization, unfair trade rules that restricted the access to markets for developing countries, inadequate and insufficient international cooperation, failure of developed countries to reach agreed targets for official development assistance, foreign debt and its servicing, among others. All these issues had to be comprehensively addressed by the international community to move the right to development from concept to reality.

The Non Aligned Movement would hold consultations on the draft on this issue and looked forward to reaching a consensus during the session and hoped it would receive cooperation and support from States.

TEHMINA JANJUA (Pakistan) said that the right to self determination was the bedrock of the United Nations system and underpinned the contemporary international order. Recent developments in the international arena bore testimony to the importance of this right and its centrality to the international system. The overriding importance of this right had been established by core instruments, including the United Nations Charter. A number of conferences had reaffirmed the right of peoples to self determination in situations of foreign occupation and alien domination. This right had particular significance for the work and deliberations of the Human Rights Council. Its realization was an essential condition for guaranteeing the observance, promotion and protection of all human rights. The rights had to be exercised freely without covert influence, coercion or repression. However, this right continued to be denied to some on different pretexts.

In the case of Jammu and Kashmir, Security Council resolutions had enjoyed the support of both Pakistan and India. Yet promises made to the Kashmiri people by the Indian leadership had not been fulfilled. Pakistan on its part was pursuing a composite dialogue process with India to resolve all outstanding issues but there had been no real progress. Pakistan believed that improvement in the human rights situation in the Indian Occupied Kashmir would facilitate the dialogue process between India and Pakistan. Pakistan hoped that the current engagement would culminate in the realization of the right to self determination of the people of Jammu and Kashmir in accordance with their aspirations.

YOKO TSUDA (Japan) noted the success of the Second World Congress Against Commercial Sexual Exploitation of Children in Yokohama. Japan requested active participation from the international community in the Third World Congress which was going to take place in Brazil. Concerning the elimination of discrimination of people affected by leprosy, Japan offered a follow-up as a co-sponsor. Japan welcomed information from a broad range of stakeholders. It would convene a meeting of people affected by leprosy, medical experts, non-governmental organizations and government representatives. A Japanese Advisory Committee member was appointed to prepare guidelines on the issue and Japan called for positive participation from all.

ANGELICA NAVARRO LLANOS (Bolivia) stressed the need for protection of migrants’ rights in Europe and invited European countries not to adopt the Return Directive. Bolivia said the European Parliament had ignored appeals of several Latin American Presidents and hundreds of non governmental organizations. In some European countries, statements were made defending some provisions of the Return Directive. Bolivia called on its European brothers to review the Return Directive. Europe was among the most prosperous on the planet and in reaching that prosperity had overcome many challenges, from wars and armed conflict to political and economic integration. This reputation should not be tarnished by a document such as the Return Directive.

KHALID A. A. AL-HAJRI (Qatar) said that linking development with human rights had given development a human dimension and had made it highly noble. It was also greatly beneficial to link political and civil rights with economic, social and cultural rights. Development had created effective ways to implement economic and social rights, such as the right to housing, education, employment and the right to a decent life. It was worth mentioning that these developments faced in fact a lot of obstacles and barriers. Cases arose from foreign occupation, racial discrimination, aggression and threats against national sovereignty, national unity and territorial integrity, threats of war, poverty, corruption and the governance quality did not allow the existence of favourable conditions for the development of a large part of humanity, namely those under occupation and the Palestinian people in particular. Qatar endeavoured to support development efforts and had hosted a number of conferences in this regard.

KAMAPRADIPTA ISNOMO (Indonesia) said that economic hardship continued to exist in developing countries. In particular, there was a need to strengthen the linkage between the right to development and the Millennium Development Goals. Existing dialogues had to be strengthened. The following issues required close attention of the Working Group on the Right to Development and the Task Force: transfer of technology, debt relief, health and international cooperation.

KE YOUSHENG (China) said China appreciated the efforts of the Working Group on the Right to Development and its Task Force in developing this right from theory to practice. For many countries and peoples, sustainable development remained the desire still to be fulfilled. The ultimate goal of the Working Group on the Right to Development was to help peoples and countries reach standards and conditions set in the Declaration of the Right to Development and Millennium Development Goals by making recommendations for action on national and international levels.

China noted that the Working Group should not only study detailed issues, such as criteria for monitoring of development partnerships, but should also look into larger issues, such as how to implement the right to development. China wanted the Working Group to expand into other themes and issues relevant to the right to development, such as access to essential medicines, debt relief and transfer of technology, and wanted to see more on the operationalization of the criteria and recommendations on the implementation of the right to development.

SWASHPAWAN SINGH (India) said that, on the right to development, India was further encouraged by the progress made during the ninth session of the Working Group on the Right to Development on substantive issues, primarily on further refinement of criteria. During the discussions in the Working Group, it had been agreed to expand the application of criteria to some of the important and tested mechanisms in the United Nations system.

India also wished to highlight the issue of Millennium Development Goal Eight, which in their view cut across and had implications for all other Millennium Development Goals. The affordable access to medicines was of great importance. The extension of the High-level Task Force up to 2010 had also become a necessity. India also supported the extension of the mandate of the Working Group on the Right to Development.

ISMAIL MOHAMAD BKRI (Malaysia) said Malaysia underscored the importance of the work of the Working Group on the Right to Development, since the right to development was central to human rights. Unfortunately, due to lack of concrete mechanisms and political will, the implementation of the right to development was still slow. It was hindered, among others, by unfair trade rules and debt burdens. Malaysia urged the international community to address the issues identified in Millennium Development Goal Eight.

IDRISS JAZAIRY (Algeria), focusing on the question on the right to self determination, noted that human rights were indivisible and interdependent and that exclusion of any one right would represent a threat to the realization of other rights. The right to self determination was still denied to some people although this right was built in the foundations of the United Nations itself. It was unacceptable that this right was not on the agenda of the Human Rights Council. Algeria appealed to the President and the entire assembly to ensure that all human rights were given equal treatment, including the right to self determination.

MAURICIO MONTALVO (Ecuador) said that Ecuador was deeply concerned regarding the Return Directive adopted by the European Union Parliament. It clearly violated the fundamental rights of human beings and the rights of migrants. This directive ran counter to history and should be closely followed by the Council as well as the Special Procedures. The Government of Ecuador had categorically condemned this resolution and was committed to the defence of the rights of migrants. There were no illegal human beings. This directive ignored the importance of migrants to the economic, social and cultural development of receiving countries. Xenophobia and racist attitudes towards migrants were of great concern. States had to develop a comprehensive approach towards immigration.

MARY-ANNE CROMPTON (New Zealand) said that the Human Rights Council considered maternal mortality as a human rights issue during an expert panel discussion held during its last regular session. Millennium Development Goal Five recognized maternal mortality as a crucial international development priority. It was also an important human rights issue. For example, access to specialist care during child birth and emergency obstetric care was vital in reducing maternal mortality rates. Access could be hindered by barriers such as poverty, lack of information, a weak health infrastructure or rural isolation. As a critical first step, the Council could contribute to those issues by calling for accurate reporting and effective data collection.

RANIA AL RIFAIY (Syria) thanked the Working Group on the Right to Development for its pertinent and realistic recommendations aimed at moving the right to development from concept to reality. Syria believed that no country could function properly when under occupation. It also agreed that a lack of transparency at the international level had an enormous impact on development, but had not been adequately addressed in the appropriate fora. Syria noted that other factors that had a negative impact on development were the impact of globalization, the unfair trade regime and inadequate international cooperation, among others.

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) said that the achievement of sustainable development based on human rights would not be reached unless there was a fair humanitarian trading system. The development of criteria needed further time and efforts. Many of the resolutions had long term consequences. One had also to be aware of the fact that responses to the needs of societies had to be carried out without jeopardizing the capacities of future generations.

NGUYEN THI THU TRANG. (Viet Nam) said that the right to development was one of the most fundamental human rights. As a developing country, Viet Nam faced many challenges, among others the development of the economy and the establishment of social justice. Viet Nam expressed its concern regarding the continuing gap between rich and poor countries and the persisting challenges and obstacles to the realization of the right to development. Viet Nam stressed that for a successful realization of the right to development, better international cooperation was necessary.

MOHAMMED LOULICHKI (Morocco) took note of the recommendations made by the Working Group on the Right to Development and said Morocco would like the Working Group to continue its work with a broader thematic and geographic focus. Morocco wanted to see more of a balance between national and international responsibilities in implementing the right to development. This right was defined as an undeniable human right and all people had the right to participate in economic, social and cultural spheres. The aim of the right to development was to ensure that people had decent life, including health, food, and education. Morocco noted that attempts to re-open and renegotiate the agenda and scope of the Human Rights Council were not a good idea.


For use of the information media; not an official record

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