HIGH COMMISSIONER FOR HUMAN RIGHTS UPDATES THE HUMAN RIGHTS COUNCIL ON DEVELOPMENTS IN THE HUMAN RIGHTS SPHERE

The Human Rights Council this morning heard an update from United Nations High Commissioner for Human Rights Navi Pillay on salient human rights issues that remained of the utmost concern for the human rights community, and then held a general debate on the update.

At the beginning of the meeting, the President of the Council, Ambassador Alex Van Meeuwen of Belgium, replying to the point of order raised yesterday by Brazil and Argentina, said he had received a letter indicating that the Permanent Representative of Honduras in Geneva was not the accredited representative of President Zelaya’s Government. He had consulted with the parties concerned, the Bureau and regional groups, and appropriate action was taken on the issue. There was consensus in the Human Rights Council that the decision of the General Assembly on the recommendations of the report of the Credentials Committee would be followed.

The delivery of the High Commissioner’s update was postponed by 24 hours after Latin American countries yesterday challenged the legitimacy of the Honduran representative in the Council and asked for a suspension of the session until this issue was resolved.

Ms. Pillay said there still existed huge gaps between lofty pledges and national realities in the human rights sphere. Indigenous peoples in many countries endured age-old discrimination and exclusion. The protection of minorities was a key concern around the world. Women’s human rights also continued to be denied or curtailed in too many countries. Civilians continued to be targets of attacks motivated by ethnic or religious hatred, and by the ruthless pursuit of economic greed and political control. States also had to do a better job of ensuring that victims of sexual violence obtained full and real justice, and it was hoped that the recent announcement of a zero tolerance policy in the Democratic Republic of the Congo would be followed by concrete and immediate action to hold perpetrators accountable.

Another alarming global trend was attacks against peaceful opponents and critics of those at the helm of power, said Ms. Pillay. Human rights defenders faced arrest, abduction, torture and even death for their engagement in promoting and defending human rights. Governments had to do much more to protect human rights defenders. The issues of political participation and free and fair elections had a direct impact on the realization of human rights, and they deserved attention and scrutiny by the Council. When the Council reviewed its work and methods as provided by General Assembly resolution 60/251, it would be of utmost importance to ensure that it firmly maintained its focus on pressing human rights issues and specific situations. Such focus was -- and should remain -- the body’s core responsibility.

In the general debate on the High Commissioner’ update, speakers welcomed the impartiality and independence of the High Commissioner and concurred with her concern about continuing discrimination, racism, xenophobia and related intolerance. Countries supported the view of the High Commissioner that the Human Rights Council and other United Nations institutions should ensure that parties to conflicts should put in place effective measures to protect civilians in accordance with international human rights law and international humanitarian law. Some countries noted it was imperative to safeguard the role played by all Special Procedures mandate holders in monitoring, advising and publicly reporting on serious human rights situations and thematic issues, while others emphasized the need for mandate holders to respect the code of conduct and provide equal treatment to information and reports submitted by States.

Speaking in the general debate on the High Commissioner’s update were Nigeria on behalf of the African Group, Egypt on behalf of Non-Aligned Movement, Sweden on behalf of European Union, Pakistan on behalf of Organization of the Islamic Conference, Tunisia on behalf of the Arab Group, Qatar, China, France, India, Netherlands, South Africa, Italy, Burkina Faso, Slovenia, Indonesia, Bahrain, Republic of Korea, and Brazil.

Also this morning, the Council adopted its agenda and programme of work, as well as the results of the drawing of lots to determine the order of review of States to be considered at the seventh, eighth and ninth sessions of the Universal Periodic Review Working Group and to select the troikas for the sixth, seventh and eighth Universal Periodic Review Working Group sessions. These results were agreed upon in an informal meeting yesterday.

The States which will be considered during the seventh session of the Universal Periodic Review Working Group (8 to 19 February 2010) are Qatar, Nicaragua, Italy, El Salvador, Gambia, Bolivia, Fiji, San Marino, Kazakhstan, Angola, Iran, Madagascar, Iraq, Slovenia, Egypt and Bosnia and Herzegovina.

The States which will be considered during the eighth session of the Universal Periodic Review Working Group (3 to 14 May 2010) are Kyrgyzstan, Kiribati, Guinea, Laos, Spain, Lesotho, Kenya, Armenia, Guinea Bissau, Sweden, Grenada, Turkey, Guyana, Haiti, Kuwait and Belarus.

The States which will be considered during the ninth session of the Universal Periodic Review Working Group (22 November to 3 December 2010) are Liberia, Malawi, Mongolia, Panama, Maldives, Andorra, Bulgaria, Honduras, United States, Marshall Islands, Croatia, Jamaica, Libya, Micronesia, Lebanon and Mauritania.

The lists of countries and troikas will be available on the website of the Office of the High Commissioner for Human Rights under: http://www.ohchr.org/EN/HRBodies/UPR/Pages/UPRMain.aspx

The Human Rights Council will resume its work at 3 p.m. today, when it is scheduled to continue the general debate on the High Commissioner’s update and to hear from the Special Representative of the Secretary-General on children in armed conflict.

Opening Statements

ALEX VAN MEEUWEN, President of the Council, replying to the point of order raised yesterday by Brazil and Argentina, said he had received a letter indicating that the Permanent Representative of Honduras in Geneva was not the accredited representative of President Zelaya’s Government. He had consulted with the parties concerned, the Bureau and regional groups, and appropriate action was taken on the issue. There was consensus in the Human Rights Council that the decision of the General Assembly on the recommendations of the report of the Credentials Committee would be followed. This was agreed.

The programme of the session was very heavy, and the Council was already behind. Efforts would be made to remedy this. It was an honour for the President to open this fourth cycle of the Programme of Work of the Council, and it would continue its work in a spirit of openness, transparency and mutual respect. The Programme of Work was an evolving document, and would be adapted as per needs over the next three weeks. The agenda was therefore adopted, as was the drawing of lots for the troikas for the next sessions of the Universal Periodic Review.

NAVI PILLAY, United Nations High Commissioner for Human Rights, in an update on developments in the human rights sphere, observed, on the positive side, that they had this year seen the expansion of international human rights law through the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and the adoption by the Durban Review Conference of an outcome document that would strengthen efforts to address racism, racial discrimination, xenophobia and related intolerance. There still existed huge gaps between lofty pledges and national realities, however. Indigenous peoples in many countries endured age-old discrimination and exclusion, including land grabs, the suppression of traditional customs, and outright violence. She had also followed with concern the recent disturbances in the Xinjiang Autonomous Region and those previously in the Tibetan Autonomous Region and surrounding areas. The protection of minorities was a key concern around the world. Women’s human rights also continued to be denied or curtailed in too many countries. For example, in the Gulf region, despite recent positive developments, the overall situation of women fell well short of international standards. A crucial step in the right direction was the ratification and implementation of key human rights conventions. Yet, even when States had ratified international conventions, application of the law was often arbitrary. Lubna Hussein, a former United Nations staff member in Sudan, had been sentenced to prison earlier last week on charges of dressing in an indecent manner – essentially because she was wearing trousers. Civilians also continued to be targets of attacks motivated by ethnic or religious hatred, and by the ruthless pursuit of economic greed and political control. For example, in Sri Lanka, internally displaced persons were effectively detained under conditions of internment. They also had to do a better job of ensuring that victims of sexual violence obtained full and real justice, and it was hoped that the recent announcement of a zero tolerance policy in the Democratic Republic of Congo would be followed by concrete and immediate action to hold perpetrators accountable.

In the context of armed conflict, Ms. Pillay urged the international community, including the Council, to insist on full accountability for all violations and to ensure assistance to the victims. All States contributing to military operations should enhance their efforts to prevent civilian casualties, which in Afghanistan and elsewhere remained at unacceptably high levels. Another alarming global trend was attacks against peaceful opponents and critics of those at the helm of power. Human rights defenders faced arrest, abduction, torture and even death for their engagement in promoting and defending human rights. Mentioned in that connection were the sentencing of political opposition leader Aung Sang Suu Kyi to a further period of house arrest by the Myanmar authorities; the abduction, torture and murder of Raúl Lucas Lucía and Manuel Ponce Rojas, two human rights defenders working to promote and protect the human rights of indigenous peoples in Mexico; and the kidnapping and shooting in the Northern Caucasus of well-known human rights activist Natalia Estemirova. Governments had to do much more to protect human rights defenders. Turning to other situations, it was noted that elections in Afghanistan, which had been a cause for hope, had been marred not only by insurgent violence, but also by heightened pressures on freedom of expression, and on political participation, as well as by a severe backlash against women’s rights. In Honduras and Fiji, constitutional order had been subverted and democratic space undermined. The issues of political participation and free and fair elections had a direct impact on the realization of human rights, and Ms. Pillay believed that they deserved attention and scrutiny by the Council.

The Human Rights Council had to achieve a sense of shared purpose and be a paragon of international cooperation on behalf of human rights, Ms. Pillay stressed. To ensure its credibility, the Council should be prepared to confront violations wherever and whenever they took place. A failure to rise to that challenge would constitute a betrayal of the victims of human rights violations all over the world who placed faith in the United Nations and, in particular, the Human Rights Council. When the Council reviewed its work and methods as provided by General Assembly resolution 60/251, it would be of utmost importance to ensure that it firmly maintained its focus on pressing human rights issues and specific situations. Such focus was -- and should remain -- the body’s core responsibility.

General Debate

MARTIN UHOMOIBHI (Nigeria), speaking on behalf of the African Group, said the African Group shared the High Commissioner’s understanding that eliminating discrimination was an important duty and that the primary objective needed to be assisting in building discrimination-free societies. The African Group placed specific focus on the elimination of racism, racial discrimination, xenophobia and related intolerance in all their manifestations. It supported the view of the High Commissioner that the Human Rights Council and other United Nations institutions should ensure that parties to conflicts should put in place effective measures to protect civilians in accordance with international human rights law and international humanitarian law. The Human Rights Council could only maintain its credibility by confronting violations whenever and wherever they occurred. While commending the High Commissioner’s update, the African Group remained concerned by her omission of the activities of her Office. This should have been the main focus of her statement.

HISHAM BADR (Egypt), speaking on behalf of the Non-Aligned Movement, acknowledged the openness and eagerness the High Commissioner had shown during her first year of tenure for engagement with Member States. The Non-Aligned Movement shared the call of the High Commissioner for all States to adhere and support recent major human rights instruments and declarations and also shared the concern at the increasing targeting of civilians in armed conflicts. The Non-Aligned Movement reiterated the need to promote and protect all human rights of migrants, including those in detention centres. There was a need to resume dialogue on the relationship between the Council and the Office of the High Commissioner for Human Rights. The annual report of the Office, its Strategic Framework and Strategic Management Plan should be presented and discussed in a formal meeting of the Council. There was still a persistent trend by some mandate holders to ignore the code of conduct adopted by the Council regulating their work.

HANS DAHLGREN (Sweden), speaking on behalf of the European Union, said the continued engagement of the Office of the High Commissioner for Human Rights with civil society organizations was essential to promote the realisation of human rights for all. It was imperative to safeguard the role played by all Special Procedures mandate holders in monitoring, advising and publicly reporting on serious human rights situations and thematic issues. The grounds for discrimination were many and multifaceted. No human being should face human rights violations on any ground, and this principle should also guide the work of the Office when dealing with the sensitive issue of discrimination against lesbians, gays, bisexuals and transsexuals. The dire situation of civilians in armed conflicts in many parts of the world was very worrying. Respect for and protection of the civilian population must be ensured at all times and by all parties. Migration and asylum policies should comply with international law. The existence in a country of legal remedies, accountable political leadership, freedom of the press and other such fundamental principles of international humanitarian law made a difference in addressing any violations.

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the statement of the High Commissioner made a balanced review of different geographical regions. However, the Organization of the Islamic Conference would have appreciated information regarding the actions taken by the Office of the High Commissioner for Human Rights on the stated concerns. At the same time, there was over-emphasis on some isolated examples while other important issues had not been mentioned and some of the worst forms of discrimination had not found place in her statement. It was hoped that these would be duly addressed by the High Commissioner in future. The Organization of the Islamic Conference echoed her call that effective measures needed to be put in place to guarantee respect for international humanitarian and human rights laws. The focus placed on prioritizing economic, social and cultural rights was a welcome step. The Organization of the Islamic Conference reiterated its commitment to work towards strengthening human rights mechanisms in an impartial, objective and non-politicized manner.

ABDELWAHEB JEMAL (Tunisia), speaking on behalf of the Arab Group, expressed the appreciation of the Arab Group for the update by the High Commissioner and joined her in the call for the implementation of the results of the Durban outcome document. The Arab Group would have appreciated a reference in the update to the occupied Syrian Golan, given the deteriorating situation there as a result of daily Israeli violations. The situation in Somalia and the efforts undertaken to address it should have been part of the update too. The references to the situation of women in the Gulf region did not reflect huge progress made by the women which went hand in hand with the overall pace of the progress in this region. The Arab Group shared the concern on the increasing targeting of civilians, noting the situations in Afghanistan and Iraq. The human rights mechanisms needed to respect their mandates and provide equal treatment to information and reports received from the States. The Arab Group looked forward to participating in the dialogue on the relationship between the Council and the Office of the High Commissioner for Human Rights and to better geographical representation in her Office.

ABDULLA FALAH ABDULLA AL-DOSARI (Qatar) said the update by the High Commissioner on the situation of human rights around the world was very interesting. One of the most important issues was the phenomenon of discrimination around the world, which should be faced in accordance with international commitments, national law, and human rights commitments. There was concern for discrimination against minorities and indigenous peoples. The High Commissioner stated that there was no country immune to shortcomings and criticism in the field of human rights - with regards to the situation of women in the Gulf States, Qatar made many efforts in this regard. The Qatari Constitution stipulated equality between men and women and no discrimination based on gender, allowing women to stand for election and assume important posts. The High Commissioner should attach more importance to the rights of Palestinians, and to the protection of their rights, and hold those responsible for their suffering to account. Qatar would cooperate with all in order to make the Human Rights Council an effective tool to uphold the cooperation and dialogue necessary for the protection and promotion of human rights.

LI BAODONG (China) said China deplored that the High Commissioner, in her update had chosen to ignore some facts and point fingers at sovereign States. The Office of the High Commissioner for Human Rights had been entrusted to promote and protect human rights and needed to adhere to the principles of objectivity and impartiality and the mandate given to it by the General Assembly at all times. The recent incidents on Chinese territory which had been mentioned in the report were serious and violent criminal acts which had been instigated by hostile and separatist forces aiming to incite ethnic hatred and violence. They had not been caused by actions by the Chinese Government. This was entirely an internal affair and the international community needed to respect Chinese sovereignty.

JEAN-BAPTISTE MATTEI (France) said that more than ever today, the world needed a strong independent voice speaking as the High Commissioner. France emphasized that too many individuals were still victims of discrimination, particularly homosexuals. Last December, France, together with the Netherlands and Sweden, presented to the General Assembly of the United Nations a declaration related to human rights and sexual orientation and gender identity, which had been signed by 67 countries. Last May, France with other countries had organized the Fist Global Congress on Sex Orientation and Gender Identity to think in greater depth about the issues and to establish the funds to assist the defenders of rights of lesbians, gays, bisexuals and transsexual persons in the countries of the South. Persistent discrimination against women remained a point of concern. Too often their rights were violated, from sexual violence to being considered insignificant in some regions. France appealed to the Human Rights Council to set up a thematic mandate to combat discrimination against women. Speaking about the freedom of speech, France said no one could remain passive and reiterated the call for all Iranian citizens that were arrested during the elections to be freed.

GOPINATHAN ACHAMKULANGARE (India) said given that the High Commissioner had now spent one year in office, India would have preferred to see a more robust, comprehensive, detailed and clear articulation of her vision, priorities and specific plans as to how she intended to take the human rights agenda forward under her leadership, as also on how she proposed to make her Office more effective, efficient and transparent. It would be useful if the High Commissioner were to consider including in her periodic updates her perspectives on the various specific issues constituting the agenda for a particular Council session, including what she viewed as salient outstanding issues and challenges pertaining to each agenda item. India shared the sentiments about the importance of human rights treaty bodies and the need to reflect on ways to improve their functioning, both in terms of their qualitative output and their coordination with each other and the rest of the human rights machinery.

BOUDEWIJN J. VAN EENENNAAM (Netherlands) said the Council may not like the examples that the High Commissioner had chosen for her speech, and some could maintain that she could equally well have chosen other examples. If that was so, there should have been a discussion on these examples and not about the independence of the Office of the High Commissioner for Human Rights. Oversight by the Human Rights Council over the Office of the High Commissioner for Human Rights would seriously curtail her authority where it hurt most, being able to raise human rights issues which the international community would rather not discuss. The Netherlands hoped that that the High Commissioner found ways to increase and strengthen the support of her Office to the Special Procedures. This support was crucial for their effectiveness in upholding and protecting human rights. The Netherlands would oppose any further efforts to make Special Procedures more accountable to this Council. Mandate holders should be free in how they discharged their mandate and should be able to raise any specific human rights violations with the Council.

LUVUYO NDIMENI (South Africa) concurred with the High Commissioner’s statement about the situation of discrimination, in particular racism, xenophobia and related intolerance, the situation of migrants and the plight of civilians caught up in armed conflict. Violations related to economic, social and cultural rights were still rampant. Issues of poverty and underdevelopment were not at the core of those set of rights and South Africa wanted to hear the High Commissioner’s opinion on the issue, particularly within the context of the current global economic and financial crises. South Africa wanted to draw the attention of the Council to the longstanding issue of the rectification of the legal status of the Committee on Economic, Social and Cultural Rights. The Human Rights Council should normalise its relationship with the Committee on Economic, Social and Cultural Rights with a view to retaining coherence and momentum. South Africa expressed the hope that all States would support the initiative that had been launched by the Russian Federation, outlining the preparatory process towards the review of the work and functions of the Human Rights Council.

LAURA MIRACHIAN (Italy) said dialogue and cooperation were the basic concepts inspiring the exercise and the debates of the Human Rights Council. On migrants, Italy was fully conscious of the dramatic situations and tragedies occurring in the Mediterranean. Every single migrant was entitled to human rights, irrespective of their legal status. Because of its geographical location, Italy had been exposed over the last years to massive flows of migrants, to such an extent that the phenomenon could sometimes affect domestic public order. As the phenomenon was complex and the challenges were immense, they required a comprehensive answer. The involvement of criminal organizations in human trafficking was widely proved. Stronger cooperation with neighbouring States was crucial. Without such cooperation, including transit countries and countries of origin, it would be very hard to tackle the problem. With regards to alleged discrimination against Roma communities, millions of euros had been allocated on the national budget for interventions in favour of Roma integration. Italy remained fully committed to fight against racism, racial discrimination and xenophobia, and to promote human rights, both at domestic and international levels, in line with its longstanding tradition of tolerance, civil coexistence, and mutual understanding.

SABINE BAKYONO KANZIE (Burkina Faso) commended the High Commissioner for the objective and impartial approach she had adopted in her report and encouraged her to continue this approach as she carried out her mandate. Burkina Faso also welcomed the many efforts of the High Commissioner and her collaborators in helping the Human Rights Council accomplish its functions and in helping States on the ground protect all the human rights of all human beings. In her update, the High Commissioner noted a number of situations of grave violations of human rights. Many problems, both old and new, remained unresolved. The Human Rights Council should dispose of the necessary means to tackle the enormous challenges before it. Burkina Faso reiterated its engagement to cooperate with the Human Rights Council and to promote and protect human rights to the best of its means.

ANDREJ LOGAR (Slovenia) reiterated strong support for the independence, integrity and impartiality of the Office of the High Commissioner for Human Rights. Slovenia welcomed the determination of the High Commissioner to combat different forms of discrimination and said that the national “umbrella” law on Roma adopted in 2007 had been a good basis for the efforts in combating discrimination against the Roma community in fields such as education, political participation and employment policy, among others. In the time of economic and financial crises the common determination to respect all human rights was of paramount importance. Slovenia would sign the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights at the ongoing General Assembly later this month. Slovenia wanted to know what concrete measures would the Office of the High Commissioner undertake to improve the situation with regard to freedom of expression and to human rights defenders and how the Office could contribute to combating impunity and strengthening accountability both in situations of peace and conflict.

DIAN TRIANSYAH DJANI (Indonesia) said the High Commissioner's list of overarching human rights concerns began with the issue of discrimination, and Indonesia concurred entirely that this remained one of the areas where human rights were most consistently breached. Indonesia attached great importance to the global fight against racism, racial discrimination, xenophobia and related intolerance. The success of the Durban Review Conference was the result of hard work and commitments from all related and interested parties. Nevertheless, as the scourge of discrimination continued to spread, it was a matter of urgency to further enhance and implement the Durban Declaration and Programme of Action as well as the outcome document. It was also important to revitalise the pursuit of economic, social and cultural rights, as these were just as important as civil and political rights. In these times of economic crisis, it was an urgent priority and an absolute duty of the Council to protect and promote the rights of the poorest and most vulnerable. There was no doubt that urgent measures should be taken to address the current situation of migration, as a great many migrants had simply become the victims of transnational organised crime. The importance of the work of the Special Procedures and treaty bodies should not be ignored.

MUNA ABBAS RADHI (Bahrain) said Bahrain was one of the pioneers in the promotion and protection of human rights. First and foremost it was necessary to strengthen women’s rights and the women of Bahrain had been subjects of interest at the national and international level. Bahraini women had been enjoying education for many decades and now made up 37 per cent in some professions. They had obtained high posts within the country. This could not have happened unless women’s rights had been promoted. Bahrain was one of the first Gulf States to have made great progress in education. Bahrain also celebrated women’s national day every 1 September and there was a price to promote women’s rights and encourage them to take their part in the country’s social and economic activities. Bahrain was also addressing rights of migrant workers and was fighting human trafficking. It wished to tackle all challenges in this area of human rights and would continue to cooperate with all United Nations programmes and in particular the Office of the High Commissioner for Human Rights in order to enforce human rights.

SUNG-JOO LEE (Republic of Korea) said that as long as the divergence of States’ political or diplomatic priorities risked inciting politicization, double standards and selectivity, the High Commissioner with her commitment to the truth, her impartiality and her independence should continue to remind this Council of the sense of its proper mission. All countries should look at their domestic situations and seek improvement in the respect of human rights before attempting to address the human rights records of others. This however must not serve as a pretext for human rights spoilers to evade or embark on counter-attacks in response to valid challenges pointed out by the international community. The Republic of Korea joined the High Commissioner in recalling the responsibility of governments to eliminate all forms of discrimination, to protect civilians from atrocities and to ensure full accountability for all violations. The upcoming Council review should be carried out in such a way to ensure that the Council maintained its focus on pressing human rights issues and specific situations.

MARIA NAZARETH FARANI AZEVEDO (Brazil) said Brazil welcomed the call of the High Commissioner for the full realisation of economic, social and cultural rights to be a thematic priority of the Council and her Office, and endorsed her reference to the subversion of constitutional and democratic procedures in Honduras and elsewhere, as well as agreeing with her perspectives on migrant workers, and that efforts to combat terrorism could not undermine fundamental human rights. Through a comparative and constructive spirit, the Council could deal with these through an inclusive dialogue that would avoid politicisation and help the situation of those suffering from human rights violations. Human rights issues could not be solved immediately - some not even in the short- or medium-term, but this did not undermine the role of the Council - its easiest job would be to grant States and countries diplomas of good or bad manners in the field of human rights. The greatest challenge was to strike a balance of human rights, and approve resolutions that could be implemented. Brazil, with the cooperation and help of different partners would be presenting initiatives in various areas which went in the direction of the various priorities mentioned by the High Commissioner. Her visit to Brazil would be an important opportunity to strengthen the human rights situation in that country, and would promote broad debate, triggering greater advancement of the national situation.


For use of the information media; not an official record

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