HIGH COMMISSIONER FOR HUMAN RIGHTS UPDATES HUMAN RIGHTS COUNCIL ON SITUATIONS OF PARTICULAR CONCERN

United Nations High Commissioner for Human Rights Navi Pillay this afternoon updated the Human Rights Council on human rights themes and situations of particular concern, especially the condition of civilians in armed conflict. After hearing from a series of concerned countries, the Council started its general debate on the update of the High Commissioner.

Ms. Pillay said the condition of civilians in armed conflict continued to cause grave alarm and their suffering had been a tragic feature of confrontations in many countries and regions of the world. A neglect of basic human rights, as well as discriminatory practices, was often to be found at the roots of such conflicts. With respect to Afghanistan, there was concern over the continuing high rate of civilian casualties in the context of the deteriorating security situation. With regards to Pakistan, the High Commissioner was concerned for the situation in the north-western part of the country where reportedly 2.5 million had fled their homes and were in need of protection. The security situation in Iraq remained precarious, with civilians being exposed to daily risks such as suicide attacks, abductions and other criminal activities. Regarding the occupied Palestinian territory, there were credible indications that grave breaches of international humanitarian law and human rights violations may have been committed by all parties during the military operations in Gaza four months ago.

In Latin America, Ms. Pillay said Colombia remained a situation of utmost concern. That country’s 40-year-long armed conflict had resulted in enormous human, social, economic and political costs. Turning to Somalia, the High Commissioner was particularly concerned about the situation in Mogadishu and the south-central section of that country, and about the impact that the conflict had on the civilian population, including on aid workers, human rights defenders and journalists. Ms. Pillay also remained deeply concerned about the tragic consequences on civilians of the ongoing fighting in the eastern part of the Democratic Republic of the Congo. Ongoing attacks against civilians by all parties to the conflict in Darfur continued to undermine the right to life, physical integrity and security of civilians. The recent clashes between the Chadian armed groups and Governmental forces had further contributed to the deterioration of the human rights situation in eastern Chad, with reports indicating that dozens of civilians have been either killed or injured. A comprehensive process of accountability for human rights violations committed by all sides in Sri Lanka should be carried out. Recent political developments in Nepal now created new challenges to the peace process that need to be addressed.

The High Commissioner said respect for the human rights of migrants should be addressed in the context of all current international challenges, including the economic and financial crises; climate change; human trafficking; and counter-terrorism, and must be protected in countries of origin, transit and destination.

Speaking as concerned countries were Afghanistan, Pakistan, Iraq, Israel, Palestine, Colombia, Somalia, Democratic Republic of the Congo, Sudan, Chad, Sri Lanka and Nepal.

Afghanistan said the Government had condemned the killings of civilians which were mainly caused by those criminal groups that were deliberately targeting civilians by using them as shields of protection or by directly targeting them through suicide bombing and assassination.

Pakistan said that Pakistan’s security forces were engaged in law enforcement operations against terrorists, militants and violent extremists. Law enforcement measures had been undertaken to protect the fundamental rights of the people of the area, especially women and girls.

Iraq said over the last two years security in Iraq had improved, and this had been confirmed by the United Nations and other relevant bodies. In Iraq the question of human rights was of utmost importance. Some were trying to undermine these efforts.

Israel said the Council was created to promote universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, a lesson that was so easily forgotten in the face of the policiticisation of human rights.

Palestine said Israel had just done what it reminded the Council not to do, which was to have a political agenda behind a human rights discussion. The limits imposed by the occupying power had a negative impact on economic recovery.

Colombia said the population of Colombia was a victim of the endemic violence created by armed groups involved in drug trafficking and terrorism, among other tactics of fear. Colombia was asking the international community for patience as the country faced this issue.

Somalia said a non-State actor was determined to overthrow the legitimate institutions in Somalia in a violent manner. Somalia was strongly committed to the prevention of human rights abuses, especially against the most vulnerable.

The Democratic Republic of the Congo said the Government shared the concerns on the situation of civilians in the east of the Democratic Republic of the Congo and it had spared no effort to put an end to the suffering of the people in that part of the country.

Sudan thanked the High Commissioner for her report and for the meeting she held in her Office with the delegation of Sudan during which the delegation raised serious concerns regarding the credibility of the information on which various actions were taken and statements made.

Chad said the Government had proved its will to implement human rights. In order to shed light on human rights violations in February 2008, the Government had set up an independent inquiry, and a legal follow-up to that had been provided for.

Sri Lanka said issues of accountability would be taken up and would privilege the national institutions. Sri Lanka did not have to look for other concepts when it came to accountability. Sri Lanka did not have any problems to give access to humanitarian aid organizations.

Nepal said the country was making a democratic transition after over a decade-long armed conflict. Nepal was working to put in place an institutionalized form of democratic governance at all levels.

Speaking in the general debate on the High Commissioner’s update were Cuba on behalf of the Non-Aligned Movement, Egypt on behalf of the African Group, Pakistan on behalf of the Organization of the Islamic Conference, Czech Republic on behalf of the European Union, Argentina, India, Russian Federation and Indonesia.

Mutula Kilonzo, Minister of Justice, National Cohesion and Constitutional Affairs of Kenya, said the Government was in the process of developing a comprehensive human rights policy and action plan to provide a roadmap to address the human rights challenges facing the country. The policy was guided by the vision that human rights were a cross-cutting issue that touched on every aspect of the lives of individuals. Development, peace and prosperity were all inextricably linked to the realization of human rights. The policy sought to inject human rights standards in the conception, implementation and evaluation of all development initiatives of both State and non-State sectors. This became even more critical due to the difficult period that Kenya was just emerging from, following the post election crisis that engulfed the country after the 2007 general elections.

The Human Rights Council today held back-to-back meetings from 9 a.m. to 6 p.m. When it resumes its work at 10 a.m. on Friday, 5 June, the Council will continue its general debate on the update of the High Commissioner, which will be followed by a general debate on human rights situations that require the Council’s attention.

Update by the High Commissioner for Human Rights

NAVI PILLAY, United Nations High Commissioner for Human Rights, said she appreciated this opportunity to present some updates on human rights themes and on situations of particular concern. The successful conclusion of the Durban Review Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance offered a crucial example of what could be achieved when States moved as one on a common and urgent human rights challenge, such as condemning racism in all its manifestations. One of the themes that emerged as a priority in the Durban debate was the human rights of migrants. Respect for the human rights of migrants was to be addressed in the context of all current international challenges, including the economic and financial crises; climate change; human trafficking; and counter-terrorism, and must be protected in countries of origin, transit and destination. States should ratify the 1990 International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families and uphold their obligations to protect and promote the full enjoyment of economic, social and cultural rights, as well as civil and political rights, of all individuals under their jurisdiction.

As this Council highlighted at its ninth session in September 2008, the condition of civilians in armed conflict continued to cause grave alarm. Their suffering had been a tragic feature of confrontations in many countries and regions of the world. A neglect of basic human rights, as well as discriminatory practices, was often to be found at the roots of such conflicts. With respect to Afghanistan, there was concern over the continuing high rate of civilian casualties in the context of the deteriorating security situation. The Government of Afghanistan and all States involved in this conflict should take all measures to protect civilians, and to ensure the independent investigation of all civilian casualties, as well as justice and remedies for the victims.

With regards to Pakistan, the High Commissioner was concerned for the situation in the north-western part of the country where reportedly 2.5 million had fled their homes and were in need of protection. The Office stood ready to assist Pakistan to ensure that the human rights of the displaced population were respected. The security situation in Iraq remained precarious, with civilians being exposed to daily risks such as suicide attacks, abductions and other criminal activities. Regarding the occupied Palestinian territory, there were credible indications that grave breaches of international humanitarian law and human rights violations may have been committed by all parties during the military operations in Gaza four months ago. These must be investigated by credible, independent and transparent accountability mechanisms, taking fully into account international standards on due process of law.

In Latin America, Colombia remained a situation of utmost concern. That country’s 40-year-long armed conflict had resulted in enormous human, social, economic and political costs; the Government should take all the necessary steps to protect civilians, mitigate their suffering and address their need for justice. Turning to Somalia, the High Commissioner was particularly concerned about the situation in Mogadishu and the south-central section of that country, and about the impact that the conflict had on the civilian population, including on aid workers, human rights defenders and journalists. The fighting must be stopped. Ms. Pillay also remained deeply concerned about the tragic consequences on civilians of the ongoing fighting in the eastern part of the Democratic Republic of the Congo. All parties involved in the fighting must spare non-combatants. The international community must also endeavour to further maximize its efforts to protect the civilian population that had already endured unbearable suffering

Ongoing attacks against civilians by all parties to the conflict in Darfur continued to undermine the right to life, physical integrity and security of civilians. Arbitrary arrests, detentions, ill-treatment and torture targeting human rights defenders, humanitarian workers, and UN national staff had occurred since July 2008. The recent clashes between the Chadian armed groups and Governmental forces had further contributed to the deterioration of the human rights situation in eastern Chad, with reports indicating that dozens of civilians have been either killed or injured.


Last week’s Human Rights Council Special Session on the situation in Sri Lanka had been a difficult debate, but it was nonetheless important to hold such a discussion, since access to independent human rights monitors and the media to the conflict zone and to the displacement camps had been denied or restricted. A comprehensive process of accountability for human rights violations committed by all sides should be carried out, and to that end Ms. Pillay said she had called for an independent international inquiry. Recent political developments in Nepal now created new challenges to the peace process that needed to be addressed.

In its resolutions on the situation of civilians in armed conflict, the UN Security Council had launched forceful appeals for the protection of human rights and international humanitarian law during hostilities, as well as for comprehensive measures to avert war and to ensure that viable institutions were put in place in transitional periods. In the name of fundamental human rights and international humanitarian law, all States must heed such calls. Following up with its own resolution of September 2008, the Human Rights Council could draw attention to civilian suffering in a variety of ways, including through its regular and special sessions. The Council was one of the primary venues for averting harm to civilians, protecting them in armed conflict and upholding human rights and the rule of law. This must be pursued comprehensively and in earnest.

Statements by Concerned Countries

NANGUYALAI TARZI (Afghanistan), speaking as a concerned country, said Afghanistan was thankful to the High Commissioner for the comments she made on the civilian casualties in Afghanistan. The Government was deeply concerned and condemned the loss of civilian lives. As some may know Afghanistan had suffered for more than two decades of war and conflict; even today the security, development and welfare of its citizens was challenged by international terrorism. Afghanistan was engaged in cooperation with the international community to fight against this heinous phenomenon of terrorism. The Government had condemned the killings of civilians which were mainly caused by those criminal groups that were deliberately targeting the civilians by using them as shields of protection or by directly targeting them through suicide bombing and assassination. The Government of Afghanistan was seriously concerned about and deplored the loss of life of its citizens. On 12 February 2009 an agreement had been signed between the Minister of Defence of Afghanistan and the Coalition commander for the purpose of better coordination to minimize risk of civilian casualties.

ZAMIR AKRAM (Pakistan), speaking as a concerned country, said that Pakistan’s security forces were engaged in law enforcement operations against terrorists, militants and violent extremists. Law enforcement measures had been undertaken to protect the fundamental rights of the people of the area, especially women and girls. The activities of the militants had led to temporary dislocation of persons from their homes, 80 per cent of whom were living with relatives and families. Pakistan was confident that with the return of normalcy to the affected areas, these families would be able to return to their homes, and they were eager to do so as soon as possible. The Government of Pakistan was deeply conscious of its responsibilities to protect the lives of its people as well as to promote the human rights of all of its citizens. The need of the hour was to focus on providing humanitarian assistance to the displaced people in Pakistan.

FARIS ALANI (Iraq), speaking as a concerned country, expressed its deepest thanks for having the opportunity to deal with this serious question on human rights. Iraq wished to make a few clarifications with respect to developments in the country. Over the last two years security in Iraq had improved, and this had been confirmed by the United Nations and other relevant bodies. This was evident with the return of refugees and was a result of a campaign launched two years ago against terrorist groups. Relations with States were improving and were facilitated, for instance, through numerous conferences held in the country. In Iraq the question of human rights was of utmost importance. Some were trying to undermine these efforts. Numerous regional bodies and cooperation with the United Nations illustrated the Government’s commitment to human rights. The magistrate now had credibility and the judiciary did not interfere but protected people from murderers and terrorists. The judiciary was not corrupt. Many women occupied key posts in the Government and in particular in the judiciary; women were involved in all levels of society and played a vital role in the development of the country. Iraqi women sacrificed a lot to help restore and build the country and its institutions.

AHARON LESHNO-YAAR (Israel), speaking as a concerned country, said the Council was created to promote universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner, a lesson that was so easily forgotten in the face of the policiticisation of human rights. The High Commissioner expressed concern regarding allegations of violations of international law during Operation Cast Lead. Israel had embarked on an investigation of events arising from the Operation. Israel had shared the first conclusions of the investigation with the High Commissioner on 4 May and looked forward to updating the High Commissioner with any further results of these investigations. The High Commissioner also expressed concern that freedom of movement had been severely hampered. Any travel restrictions were due to imperative security concerns only, and could be relaxed if the security environment so permitted. Israel recognised that it must act more vigorously to help the Palestinians rapidly develop their economy. The High Commissioner's statement held that there were severe restrictions on the import of goods into the Gaza Strip, and that an unjustifiable nearly total prohibition of exports was preventing economic recovery. Gaza was still controlled by Hamas. Humanitarian aid was flowing from Israel to the Gaza Strip more readily every day - nevertheless, Israel was not the only gateway for humanitarian goods, and the keys of access to the Gaza Strip did not lie solely in the hands of Israel.

IBRAHIM KHRAISHI (Palestine), speaking as a concerned country, said that Israel had just done what it reminded the Council not to do, which was to have a political agenda behind human rights discussion. The limits imposed by the occupying power had had a negative impact on economic recovery. Under discussion were the implications of the application of international humanitarian law. This was the major concern in Palestine. Israel declined to bear its obligations under international humanitarian law. It continued to refer to the occupied Palestinian territories as disputed territories, which was unacceptable as also the United Nations had stated. It was an occupied territory since the invasion in 1967 and a result of war. Since the territories came under the rule of Israel, the occupying power, the Geneva Conventions became applicable. Palestine thanked the High Commissioner for following-up on a fact finding mission that would investigate all violations of human rights, including in East Jerusalem. Palestine reiterated its commitment and total support for this mission in its investigation of all the violations of international human rights and humanitarian law that Israel, the occupying power, was committing against the Palestinian people in all parts of the occupied Palestinian territories, including East Jerusalem.

ANGELINO GARZON (Colombia), speaking as a concerned country, appreciated and respected the report and the opinions expressed by the High Commissioner for Human Rights. The population of Colombia was a victim of the endemic violence created by armed groups involved in drug trafficking and terrorism, among other tactics of fear. The Government made efforts towards reconciliation with these groups, however, only some illegal armed groups responded positively to dialogue and peace agreements posed, while other violent groups rejected these talks and agreements. For the State and society in Colombia the fight against armed groups had meant pain and suffering in human cost, as well as a loss in the development possible in the economic and social spheres. Colombia attached great importance to the commitments entered into in the Universal Periodic Review because of the challenges faced in the country. Colombia was asking the international community for patience as the country faced this issue. Armed groups should release all persons who had been abducted and move towards forgiveness and reconciliation. Colombia was also committed to fighting impunity. Recently, officials in the armed forces had been removed and had been prosecuted accordingly. The Government in the next few months would be starting an economic programme of reparation with a $ 50 million fund, and would be visited by four Special Rapporteurs, including those dealing with extrajudicial, summary or arbitrary executions, independence of judges and lawyers, and human rights defenders. The Government had linked ongoing work on human rights defenders with civil society.

YUSUF MOHAMED ISMAIL (Somalia) said despite the outcome of the Djibouti political process and the various calls for dialogue without preconditions made by the leadership of the Transitional Federal Government, there was a situation whereby a non-State actor was determined to overthrow the legitimate institutions in a violent manner. The ongoing violence had nothing to do with religion - Somalia was the victim of a political and economic struggle that had a strong international dimension. A strong military intervention alone in support of the legitimate Government had proven to be counterproductive. The Government had to win the minds and the hearts, especially of the young, with a tangible, effective, coordinated and timely socio-economic sustainable development throughout the country in full respect of religion and traditions. Somalia was strongly committed to the prevention of human rights abuses, especially against the most vulnerable. Paradoxically, the ongoing desire to enforce from outside the so-called transitional justice for Somalia in order to deal with impunity would only end up supporting those who committed human rights abuses in one way or another. There was no other viable and sustainable alternative to a comprehensive technical assistance in order to render the legitimate Government accountable for the past and present human rights violations committed by Somalis against Somalis and by others against Somalis.

SEBASTIEN MUTOMB MUJING (Democratic Republic of the Congo), speaking as a concerned country, said that the Democratic Republic of the Congo shared the concerns on the situation of civilians in the east of the Democratic Republic of the Congo and the Government had spared no effort to put an end to the suffering of the people in that part of the country. After having created the conditions to return to durable peace in the eastern part of the country, the Congolese Government had put enormous efforts into eradicating the violations perpetrated by foreign armed gangs on the civilian population. Joint military operations of MONUC and the Congolese forces were ongoing to put an end to these outlaws while avoiding by all means consequences for the civilian population. It was sometimes difficult to reconcile the quest for peace with the imperative of justice. The Democratic Republic of the Congo respected all its international obligations and the agreements on judicial cooperation that it had concluded regularly.

The Representative of Sudan, speaking as a concerned country, thanked the High Commissioner for her report and for the continued attention she paid to the situation in Sudan, and for the meeting she held in her Office with members of the delegation of Sudan during which the delegation raised serious concerns regarding the credibility of the information on which various actions were taken and statements made. In order to directly engage the High Commissioner and to provide her with the opportunity to have first hand information herself, the delegation extended an invitation to her to visit the country. During the time of the former Commission of Human Rights and to date, Sudan had endlessly kept pointing out to the precooked, fabricated, unverified and incorrect information regarding human rights in Sudan and particularly in Darfur. During the meeting with the High Commissioner, the issue of capital punishment sentenced by Sudanese courts of law against those who were accused of killing a Sudanese journalist was raised. Today the delegation transmitted to the Office of the High Commissioner seven volumes of the judgments and other crucial and conclusive evidence testifying to the full and complete compliance with the national and international agreed norms of due process and fair trial. Documents relating to public hearing, the right of the accused persons to counselling, legally obtained evidence, confessions and retracted confessions were included. This incident was hoped to be an opportune occasion, albeit an unfortunate one, for the Office of the High Commissioner for Human Rights, the High Commissioner, and human rights mechanisms, including more than 75 human rights monitors deployed in Sudan, to refrain from dissemination of unverified and incorrect information and to refrain from misinforming and disinforming.

MALLOUM BAMANGA ABBAS (Chad), speaking as a concerned country, said Chad thanked the High Commissioner for her report, and appreciated the attention she brought to Chad. War was not a good thing, creating victims among combatants and the civilian population, which was why the Government had always favoured dialogue with armed groups and strengthening political institutions. The Government had proved its will to implement human rights, and had always cooperated with United Nations bodies. The events of February 2008 gave rise to human rights violations, and these were recognised by the Government. In order to shed light on these human rights violations, the Government had set up an independent inquiry, and a legal follow-up to that had been provided for. The efforts of the Government, supported by civil society, to put into effect the human rights commitments had been tested by the events in Darfur. The Government was taking measures, with the assistance of the international community, to mark its presence in all areas of life and ensure the respect of economic, social and cultural rights, in particular for internally displaced persons. Chad needed the support of the international community to overcome crises and fulfil its commitments in the human rights area.

DAYAN JAYATILLEKA (Sri Lanka), speaking as a concerned country, said that the High Commissioner had made a strong plea for accountability for human rights violations committed by all parties. There was no one size that fitted all when it came to violations of human rights. Sri Lanka recalled that recently, Spain had argued that investigating crimes of the Spanish civil war would cause civil uproar. Cambodia had argued similarly concerning investigation of actions of the Khmer Rouge and Sri Lanka had accepted that. Sri Lanka underlined that every transition was different. Issues of accountability would be taken up and would privilege the national institutions. Sri Lanka did not have to look for other concepts when it came to accountability. Sri Lanka wanted in no way the two sides involved in the conflict and would also not allow anyone else to do so. Sri Lanka did not have any problems about giving access to humanitarian aid organizations; access would not be unfettered, it would be broad and wide.

DINESH BHATTARAI (Nepal), speaking as a concerned country, expressed the appreciation of Nepal to the High Commissioner for the detailed update to the Council, and welcomed her steadfast commitment to the promotion and protection of human rights of migrants. Nepal was making a democratic transition after over a decade-long armed conflict. The Comprehensive Peace Accord of 2006 and the Interim Constitution of Nepal 2007 established firm commitments to democratic values and norms. The peace process placed the promotion and protection of human rights at the center. These documents provided guidelines for political, economic and social transformation for building a peaceful, democratic, stable and prosperous Nepal. Nepal’s peace process crossed a major milestone when elections to the Constituent Assembly were held in April last year. The Constituent Assembly stood as a rare example of proportionality and inclusiveness in Nepal’s diverse society. Nepal was working to put in place an institutionalized form of democratic governance at all levels. There was a new culture of politics that had brought all political parties together irrespective of their ideologies in a common mission premised on the competitive multiparty democratic system, human rights, inclusive governance, social equity and social justice. All political parties remained committed to complete this task of writing the Constitution and taking the peace process to its conclusion. Further, the gradual maturing of the democratic exercises in Nepal that came out of the armed conflict in 2006 was demonstrated in the election of the new Prime Minister by the parliament last week following the resignation of the Government led by the United Communist Party of Nepal – Maoists.

General Debate on Update by the High Commissioner

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba), speaking on behalf of the Non-Aligned Movement, said the Human Rights Council was about to conclude its third full year of work. Despite the irrational criticism from those who had lost the spurious privileges they enjoyed in the former Commission, there was no doubt that so far the Council had a positive record of success. In those three years, the Council had been able to set the initial foundations for a new culture of work, which needed to be consolidated to be fully based on the principles of dialogue, transparency, cooperation and non-politicisation. The Non-Aligned Movement highly valued the opportunities of direct dialogue with the High Commissioner. The Non-Aligned Movement regretted the cases of incompliance with the provisions of the code of conduct for special procedure mandate holders. There was a need for an improved synergy and interaction between the Council and the Office of the High Commissioner for Human Rights. This would contribute to reinforcing transparency, mutual cooperation and synergies in the work of the two bodies, while taking into account their respective mandates, the status of the Council and the independence of the Office of the High Commissioner. The Non-Aligned Movement was committed to the Human Rights Council, and was ready to work with all actors to make the Council and the United Nations human rights machinery a place where the principles of dialogue, cooperation and non-politicisation prevailed.

HEBA MOSTAFA RIZK (Egypt), speaking on behalf of the African Group, welcomed the emphasis the High Commissioner had put on the issue of migration. The African Group shared her views that the human rights of migrants must be protected at all times and by all parties, in countries of origin, transit and destination. The African Group had constantly highlighted the importance of addressing the needs of all migrants regardless of their migrations status, especially women and children, and the proper and effective protection of all their human rights. The African Group had always asserted that the criminalization of irregular migration often led to human rights violations. The Group therefore welcomed the intention of the High Commissioner to address the issue as one of the priorities of her Office in 2010 to 2011 and her determination to continue to raise the matter in her exchanges with all countries, particularly developed countries, and to promote the ratification of the International Convention on Migrant Workers and their Families. Regarding the reference to the situation in Sudan, the African Group said that those cases of persons sentenced to death mentioned in the statement were among hundreds of armed militia that were engaged in a direct day-light attack against the civilian population of the Sudanese city of Um Dorman.

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the interaction with the High Commissioner had always been guided by an objective, impartial and frank dialogue. The Organization of the Islamic Conference welcomed her concerns on the situation in the Occupied Palestinian Territories as well as the call to all parties including the international community to extend full support and cooperation with the fact-finding mission. It may, however, be recognized that it was not a situation of armed conflict but a situation that resulted from a blatant act of repression and foreign occupation. Also welcomed was her focus on one of the most important contemporary issues – rights of migrants, in particular her determination to focus on this issue as one of the priorities of her Office. Enhanced and effective legal protection must be provided to migrants and non nationals against discrimination of all kinds in accordance with international human rights standards. On a separate note, deep regret was expressed over the statement of the High Commissioner, in her official capacity, in a meeting convened in Paris on the rights of gay, lesbian, bisexual and transgender groups. While the High Commissioner was entitled to her personal views, the Organization of the Islamic Conference was confident that she was aware of the fact that this issue had not been universally recognized. In fact, there was not a single universal human rights instrument that recognized the issue as a human rights issue.

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said as the High Commissioner reminded the Council, racism, intolerance and discrimination not only prevented the full enjoyment of human rights, but also represented a threat to democratic societies and their fundamental values. They were incompatible with the principles on which the European Union was founded, and therefore the fight against discrimination would continue to be part of the European Union’s struggle for human rights. As to the rights of migrants, the European Union was fully committed to upholding their human rights and fighting any discrimination or violation of their rights. The situation of civilians in armed conflicts in many parts of the world remained a cause for grave alarm and the Council must not forget these individual victims of human rights violations. The European Union welcomed and reiterated the High Commissioner’s call for an independent international inquiry into human rights violations committed by all sides to the conflict in Sri Lanka. The European Union wished to reiterate its full support of the independence, integrity and impartiality of the Office in compliance with its mandate, and was satisfied that the relationship of the Council with the Office was well defined in the resolution establishing the mandate and that creating the Human Rights Council.

HECTOR RAUL PELAEZ (Argentina) reiterated Argentina’s commitment to the promotion and protection of human rights and its support for the work of the Office of the High Commissioner for Human Rights. Since the establishment of the Council, Argentina had always stated the importance of the independence of the Office of the High Commissioner for Human Rights since its function exceeded those of the Human Rights Council. Argentina understood that the actions of the United Nations in human rights matters had to be inclusive, generating mechanisms of cooperation in order to improve the human rights situation in all countries around the world. Argentina supported the work of the High Commissioner which aimed to reach such an objective. All issues identified by the Office of the High Commissioner for Human Rights needed to be addressed. This was the obligation of all Member States of the United Nations and particularly the Members of the Council. Migrants’ rights had to be protected in countries of origin, transit and destination and had to be analyzed, taking into account the causes for migration.

GOPINATHAN ACHAMKULANGARE (India) raised a matter of some concern to the delegation with regard to the remarks made by the High Commissioner on Sri Lanka and the recently concluded Special Session in her statement. The High Commissioner welcomed the Special Session, and consequently, it was safe to assume that she also accepted its concomitant outcome. The High Commissioner and her Office were fully aware of the discussions and negotiations on the different elements of the outcome and on the positions adopted by different Member States and groupings on these elements. It was important to recall and reaffirm that the outcome of the Special Session reflected an inter-governmental decision adopted according to the Rules of Procedure of the Council. What was more, it endorsed the joint communiqué issued at the end of the recent visit to Sri Lanka by the Secretary-General, which among other things, reaffirmed the willingness of the Government of Sri Lanka to address the issues of accountability in response to the concerns expressed by the United Nations Secretary-General in this regard. It was felt that in these circumstances it would be prudent to adhere to the outcome of the Special Session and be sensitive to the concerns expressed already, rather than to take a position on contested proposals or controversial issues and ideas which did not find eventual acceptance in the outcome of the Special Session. In this regard, he reminded all concerned that the independence of the High Commissioner could not be presumed to exceed that of the United Nations Secretary-General.


GRIGORY LUKIYANTSEV (Russian Federation) said the Member States of the United Nations and Council members should work together to solve the tasks facing the international community in the field of human rights. This was in line with Russia's approach to developing and enhancing mutual dialogue and joint action between concerned States, a necessary step in meeting today's challenges in human rights and in enhancing the protection and promotion of human rights. The Durban Review Conference had been timely, and non-participating States should endorse the Outcome Document. Combating racism was something all Member States should agree to. The statement by the High Commissioner on various country situations and the protection of civilians in armed conflict was important, as this was an important topic to which solutions should be found. There was concern for the disproportional and indiscriminate use of force affecting the civilian populations in Afghanistan and Iraq, among other countries, and those guilty of violations of international humanitarian law should be brought to justice. The establishment of the Council was important, but not the last step in the reform of the United Nations. During the upcoming review of the Council's activities, there should be a systematic assessment of its advantages and drawbacks.

DIAN TRIANSYAH DJANI (Indonesia) said that Indonesia appreciated the directness and approachability of the High Commissioner but thought that it could be further enhanced. Indonesia invited the High Commissioner to set this on the agenda for discussion in the near future. The Council should strive harder to achieve impartiality that it always called for. The special procedures should also stick to these rules. Personal views should not interfere and special procedures should remain within their mandate. A wide range of factors caused people to leave their home country. As a country of origin for many migrants, Indonesia called on the Council and its Members to take further steps in the protection of migrants. More discussion was needed and politicization should be avoided.

Statement by Minister of Justice, National Cohesion and Constitutional Affairs of Kenya

MUTULA KILONZO, Minister of Justice, National Cohesion and Constitutional Affairs of Kenya, in his address to the Human Rights Council, said in Kenya the Government was in the process of developing a comprehensive human rights policy and action plan to provide a roadmap to address the human rights challenges facing the country. The policy aimed at informing the actions of the Government ministries, departments and other actors in the integration of human rights into the national planning process. It would also act as a reaffirmation of the Government’s commitment to the promotion and protection of human rights. The policy was guided by the vision that human rights were a cross-cutting issue that touched on every aspect of the lives of individuals. Development, peace and prosperity were all inextricably linked to the realization of human rights. The policy sought to inject human rights standards in the conception, implementation and evaluation of all development initiatives of both State and non-State sectors.

This became even more critical due to the difficult period that Kenya was just emerging from, following the post election crisis that engulfed the country after the 2007 general elections. Widespread violence was experienced in many parts of the country resulting in gross human rights violations including murder and rape. This post-election meltdown brought to the fore deep-seated differences and tensions around inequality and injustice manifested mainly in initial ethnic suspicion that mutated into ethnically-based political violence, underscored Mr. Kilonzo. To a large extent, ethnicity posed a significant challenge to many developing countries including Kenya where there was a weak sense of national values, and, politics were mainly driven by ethnically-based party vehicles and coalitions. Kenya’s future as a nation and State depended to a large extent on a twin challenge – the need to recognize and celebrate diversity, and the need to build a strong and cohesive national character.

Kenya was a State party to most of the main international human rights instruments as well as the regional ones and although in some cases the country had not domesticated and implemented the provisions of those international instruments as it should, over the last five years the Government had made substantial progress towards establishing Kenya as a human rights State. Mr. Kilonzo said that steps already taken included, among other things establishing and operationalising the Kenya National Commission on Human Rights in accordance with the Paris Principles; establishing an Inter-Agency Committee to advise the Government on its international human rights obligations; signing up to be reviewed under the African Peer Review Mechanism on governance and human rights issues; commencing State reporting on the measures the country was taking, to comply with the provisions of the various international instruments; enacting pro-human rights legislation thus domesticating international human rights instruments; and launching the Governance, Justice, Law and Order Sector Programme which aimed at reforming the entire legal and justice sector with a view of establishing an effective, fair and efficient system of governance and administration of justice.

Mr. Kilonzo said human rights should not proceed through bias but through a constructive and collective dialogue. In this context, the Minister regretted that the Special Rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, had striven to destabilize the Kenyan Government by trying to divide the members of the Coalition Government. The Kenyan Government did not accept such action from special procedures of the Council.


For use of the information media; not an official record

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