HUMAN RIGHTS COUNCIL CONTINUES GENERAL DEBATE ON THE UPDATE OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS

The Human Rights Council this afternoon continued its general debate on the update presented earlier in the day by High Commissioner for Human Rights Navi Pillay on developments in the human rights sphere and the activities of her Office. It also heard a presentation by Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, of her annual report.

Among issues raised by speakers in the general debate were that the Human Rights Council needed to do its part by acting on human rights violations wherever and whenever they occurred; at the end of the day, it was the message of human rights, and the realisation of human rights for all people, regardless of position, gender, race and ethnicity that was most prominent. The practical fieldwork done by the Office ensured that important issues like emerging forms of slavery and the exploitation of children received the attention of the international community. There could be no lasting peace without respect for human rights and without accountability for human rights violations. All States were expected to fulfil the obligations they carried in pursuit of the full protection and further promotion of human rights.

Another key message was that the principles of equality and non-discrimination were fundamental to international human rights law. Yet throughout the world women were more exposed to violations of rights than men and the Council needed to play its important role in changing these dismal realities. Special efforts needed to be made to eliminate discrimination against women, minorities, indigenous peoples and all others who suffered from the scourge of discrimination. Around the world, deplorable gaps persisted between human rights norms and standards and the realities on the ground - the effective implementation of existing human rights instruments must therefore remain the common priority. It was the primary responsibility towards the victims of human rights violations that should guide the work of the Council.

Speakers in the general debate also noted that the Universal Periodic Review had been proving to be one of the most effective platforms of the Council for promoting human rights at the national and local level. As for the Special Procedures, their work should be carried out in accordance with national legislations of the States visited and the respect of the code of conduct of Special Rapporteurs. The Office of the High Commissioner for Human Rights, Special Procedures and treaty monitoring bodies had a valuable role to play in United Nations peace, security and humanitarian efforts.

Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, presenting her annual report, said the past year had been difficult for children living in situations of armed conflict. On the one hand there had been progress, as the Security Council passed a landmark resolution on children and armed conflict, further advancing the agenda for their protection, including naming and shaming of those who recruited children, or committed rape and other grave violence against children. These and other welcome developments had to be held against a terrible year for children in Gaza, northern Sri Lanka, western Pakistan, the Democratic Republic of the Congo, Iraq and Afghanistan, where there had been conflict and displacement of civilians including children.

Ms. Coomaraswamy said the nature of conflict was changing, and civilians were increasingly on the frontline, with a terrible toll on children. Wars were fought in remote areas where there was little access to information, and humanitarian access to the injured and killed was also limited, and sometimes prevented. It was critical for the international community to remain steadfast, resolute and focused on ensuring accountability and fighting impunity for grave violations. In the Council, it was the voice of the victim that should be the privileged voice.

Speaking this afternoon were the representatives of Norway, Philippines, Hungary, Russian Federation, Bolivia, Japan, United Kingdom, Slovakia, United States, Chile, Bangladesh, Cuba, Argentina, Jordan, Belgium, Mexico, Canada, Switzerland, Algeria, Morocco, Sri Lanka, Germany, Maldives, Sudan, Zimbabwe, Luxembourg, Austria, Syria, Ethiopia, Tunisia, Turkey, Azerbaijan, Ireland, Czech Republic, Australia, Colombia, Romania, Malaysia, African Union, Yemen, Bulgaria, Afghanistan, and Ecuador.

The summary of the presentation of the update of the High Commissioner for Human Rights can be found in press release HRC/09/100 of 15 September 2009.


The next meeting of the Council will be at 10 a.m. on Wednesday, 16 September, when it is scheduled to conclude the general debate on the update of the High Commissioner, and hold a general debate on the presentation of the Special Representative on children and armed conflict.



General Debate

BENTE ANGELL-HANSEN (Norway) said as the High Commissioner had said, it was key that the persistent gaps between pledges and national realities were rigorously addressed. The Human Rights Council needed to do its part by acting on human rights violations wherever and whenever they occurred. The Durban Review Conference had been a revealing example of what could be achieved by acting with a shared purpose and it was necessary to explore synergies to increase the impact of the follow-up mechanisms to the Durban Declaration and Programme of Action. Another key message was that the principles of equality and non-discrimination were fundamental to international human rights law. Yet throughout the world, women were more exposed to violations of rights than men and the Council needed to play its important role in changing these dismal realities. Norway welcomed the joint initiative by Columbia and Mexico on discrimination against women and called on the Human Rights Council to address this issue with urgency and resolve. It also warmly welcomed the strong gender focus in the statement made by the High Commissioner for Human Rights.

JESUS RICARDO S. DOMINGO (Philippines) agreed with the High Commissioner that more must be done to combat all forms of discrimination. The Philippines had put in place strong legislative and institutional mechanisms to protect and promote the rights of indigenous people. A landmark bill, Magna Carta for Women, had recently been enacted which provided women and girls with equal opportunities and access to resources, as well as better protection from discrimination and abuse. The Philippines encouraged the High Commissioner to further develop human rights implications of climate change and strongly supported her advocacy of the International Convention of the Protection of All Migrant Workers and Members of Their Families. During the last session of the Human Rights Council, the Philippines had delivered a joint statement on behalf of more than 20 States parties to the Convention calling for its wider ratification. The Philippines encouraged the High Commissioner to devote more resources to its programme of developing human rights-based responses to combating trafficking in persons.

KLARA TUNYOGI AKOTS (Hungary) said Hungary appreciated that the High Commissioner had drawn the attention of the international community to the problems facing the Roma minority, especially in Europe, and felt obliged to inform her of the recent developments in the attacks on Roma people in Hungary. Hungarian law enforcement agencies had conducted the widest investigation in their history, and had caught the alleged perpetrators of these serious, but isolated crimes, and the courts had ordered their detention. Looking beyond these crimes, the Government of Hungary believed that the situation of the Roma continued to need the special attention of the societies in which these ethnic minorities lived, and all possible measures should be taken in order to find a coherent solution to their complex problems. In this effort, Hungary would be ready to cooperate with regional and international partners in finding comprehensive and lasting solutions for this problem in the European continent.

VALERY LOSHCHININ (Russian Federation) said the Russian Federation wished to draw attention to the words of the High Commissioner that economic, social and cultural rights, like other human rights, were birth rights of every human being. Currently Russia was considering the signing of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. The President of Russia also recently signed a decree to establish an Office of the Commissioner on the Rights of the Child. The Russian Federation shared the alarm of the High Commissioner at current executions of human rights activists. In July Natalya Estemirova was murdered in Russia, but this was condemned in Russia. This and similar crimes were perpetrated by those opposing a progressive return to normality in the Caucasus region. There were investigations to identify perpetrators. As for the Special Procedures, their work should be carried out in accordance with national legislation of the States visited and respect for the code of conduct of Special Procedures.

ANGELICA NAVARRO LLANOS (Bolivia) welcomed the deep commitment to human rights that the High Commissioner for Human Rights had shown in her first year and shared the sense of priority she had accorded to the elimination of all forms of discrimination. Discrimination was still existent in Bolivia regardless of the fact that the rights of indigenous people were protected by the Constitution. The Government was facing challenges to fulfil their commitment to indigenous people. Some groups with economic power did not want a Government composed of indigenous people and continued to create obstacles. The people of Bolivia had enshrined in the Constitution the recognition of the rights of indigenous people, and had also recognised access to water and food as human rights. Those were the additional responsibilities that the Bolivian Government took on in order to guarantee the welfare for all its peoples. Bolivia hoped that the support and cooperation of other States would not diminish and that the principles of independence and impartiality would be respected.

KENICHI SUGANUMA (Japan) said Japan commended the High Commissioner's tireless efforts to promote the universal value of human rights in keeping with the principles of impartiality, independence and integrity. Japan supported the Office's biennium priorities on such issues as eliminating discrimination, the protection of civilians, the promotion of economic, social and cultural rights, and the rights of migrants, among others. Substantial gaps persisted between national pledges and the realities on the ground, and Governments had a primary responsibility to address these gaps. All States were expected to fulfil the obligations they carried in pursuit of full protection and further promotion of human rights. Special efforts needed to be made to eliminate discrimination against women, minorities, indigenous peoples and all others who suffered from the scourge of discrimination. It was important to ensure the safety of civilians, including internally displaced persons, in armed conflict. The Council should continue to pursue the use of country-specific mandates and special sessions together with other mechanisms of the Council to consider and recommend effective measures for the improvement of specific situations. Member States had to continue to uphold the essential pillars of the Council's activities, such as the use of Special Procedures, including country-specific procedures.

REBECCA SAGAR (United Kingdom) said the support given by the High Commissioner to victims of human rights violations was vital. The United Kingdom echoed the High Commissioner’s concern about the situation in Iran. It noted with alarm the situation for human rights defenders in Iran and the recent imposition of further arbitrary and politically motivated limitations on freedoms of expression and association. The United Kingdom repeated its call to release those detained for participating in peaceful protests and urged the Government to thoroughly investigate allegations of abuse of detainees. The United Kingdom welcomed the work of the Office of the High Commissioner for Human Rights to combat discrimination in all its forms and it shared the High Commissioner’s concerns about the treatment of Roma across Europe. The United Kingdom welcomed the High Commissioner’s focus on conflict prevention and the plight of civilians caught up in conflict. The Office of the High Commissioner for Human Rights, Special Procedures and treaty monitoring bodies had a valuable role to play in United Nations peace, security and humanitarian efforts.

BRANISLAV LYSAK (Slovakia) said Slovakia shared the concern that the High Commissioner had expressed regarding the protection of minorities, especially national and ethnic minorities. Slovakia had been mentioned in the High Commissioner’s statement with regard to the ill-treatment of Roma by police. The Slovak Government was fully aware of specific aspects of vulnerability of Roma and paid particular attention to the promotion and protection of their human rights by implementing several programmes, while the acts of violence by the police, registered in the past, had been fully investigated. Acts of violence by the police were in direct contradiction with the national legislation and the Slovak Government has been taking measures to ensure protection against racism and discrimination. The protection and support for rights of persons belonging to national minorities represented one of the Slovak Government’s priorities and Slovakia assured the High Commissioner that violent acts of any kind against them would not be tolerated.

MARK C. STORELLA (United States) said it was the commitment of the Obama administration to human rights that brought the United States to the Council as a member. The United States welcomed the focus of the High Commissioner on the issue of discrimination, agreeing that discrimination of any form contributed to unrest in societies. The High Commissioner's charge to Member States to keep the focus of the Human Rights Council on pressing human rights issues and specific situations was supported. She should provide advice on how States that wished to protect and promote human rights could best engage to encourage concrete changes on the ground. At the end of the day, it was the message of human rights, and the realisation of human rights for all people, regardless of position, gender, race or ethnicity that was most prominent. The practical fieldwork done by the Office ensured that important issues like emerging forms of slavery and the exploitation of children received the attention of the international community. There could be no lasting peace without respect for human rights and without accountability for human rights violations, and this was an important message to be kept in mind as the Council sought to ensure the realisation of human rights and the pursuit of peace.

CARLOS PORTALES (Chile) said the human rights of women were a universal issue. During the next session of the Human Rights Council, there would be a discussion on mainstreaming gender and Chile hoped that during that dialogue there would be good contributions to implement solutions to this issue. Chile continued to be concerned about the right to truth and would continue to bring to trial violators of human rights. It also stressed the importance of special mandate holders and was convinced that they were essential instruments to promote and protect human rights. Chile was also concerned about several issues the High Commissioner rightly stressed, including the situation of minorities, discrimination, the guaranteed protection of civilians in conflict, and defence of human rights defenders who had suffered violations of their own rights. The responsibility of this Council was to confront human rights violations in order to find a constructive way to ensure human rights. To this end, all voices needed to be heard and the orientation should be how to cooperate so as to proceed with the implementation of rights.

MUSTAFIZUR RAHMAN (Bangladesh) thanked the High Commissioner for her update which projected the priorities of her Office in the next biennium. Ms. Pillay endeavoured to offer a global picture of human rights situations. This was not an exhaustive account. Countries may not agree to all that had been said but due credence should be given to the High Commissioner for her non-selective approach. No country or region could claim perfection in human rights records. The presence of domestic remedy was crucial. Violations occurred in all countries and regions and that should bolster the collective resolve to improve human rights globally. All rights were equally important and freedom from want was no less important than any other, particularly in the face of global financial and economic crises. The issue of climate change was missing in the High Commissioner’ report, even though it was gaining prominence in global discourse in view of the big event in Copenhagen later this year. Climate change had direct implications on the enjoyment of a whole range of human rights.

RESFEL PINO ALVAREZ (Cuba) said the High Commissioner had raised issues of great importance for the protection and promotion of human rights, including the need to put an end to all forms of discrimination, the promotion of women's rights, an end to violence, and the need to give priority to economic, social and cultural rights, all of which were very important issues, but a lot still needed to be done to ensure the guarantee of human rights to all. Cuba valued any time for debate with the High Commissioner, and wished to raise an issue of importance, namely the unjust incarceration of five anti-terrorist Cuban fighters who had been imprisoned in the United States for eleven years, even though this was declared arbitrary detention by the Working Group on arbitrary detention. The vengeful and unjust treatment of these prisoners extended to their families, who found it extremely difficult to visit them, with visas denied under absurd pretexts. In spite of the numerous obstacles imposed and the cruel and unjust punishment that they suffered, the five continued to serve as an example to millions around the world.

HECTOR RAUL PELAEZ (Argentina) said the work of this session of the Human Rights Council included a series of issues which were important for the future of the Council and its mechanisms. Argentina stressed the importance of the presentation by the Office of the High Commissioner for Human Rights on the report on the right to truth. The report looked at two elements necessary for the implementation of the right of truth. The question of preserving archives was of special importance for countries which had experienced transitional justice. The Office of the High Commissioner for Human Rights had also prepared a manual on this subject and it would be appropriate that this issue would also be dealt with at future sessions. This was a challenge for many countries, including Argentina, and it was necessary to work together so as to design and implement programmes that could meet the needs. Argentina would present a new draft resolution during this session of the Human Rights Council.

SHEHAB A. MADI (Jordan) said that although the promotion and protection of human rights was central to the international community and progress had been made, the world was still witnessing infringements on human rights in total disregard for international human rights law and human dignity. Jordan appreciated the greater attention devoted by the Office of the High Commissioner for Human Rights to critical issues such as armed conflicts, discrimination and the impact of the financial crisis. The situation of civilian populations in armed conflict remained alarming and the Council ought to continue to play a significant role in protection of civilians and in prevention of recurrence of armed conflicts. The forthcoming review of the work and functions of the Council offered a good opportunity to build on the progress and to tackle the difficulties and challenges.

HUGO BRAUWERS (Belgium) said the statement of the High Commissioner testified to her faithful commitment to human rights. She took care to mention specific situations of the violations of the rights of human rights defenders. Belgium thought it particularly important to preserve the integrity of the mandate of the Office of the High Commissioner for Human Rights, which played an essential role in the protection and promotion of human rights, and which should be able to accomplish its missions in full independence and impartiality. The determination of the High Commissioner to strengthen the good functioning of the international treaty bodies was most welcome. Belgium was very happy that a regional Office of the High Commissioner would soon open in Brussels.

JUAN JOSE IGNACIO GOMEZ CAMACHO (Mexico) said the collaboration between the High Commissioner and the Mexican Government during the last seven years had been very productive. The international protection of human rights required successful national work in the arena of human rights, efficient work by the Office of the High Commissioner and appropriate relationships and links between both. In this context Mexico resorted to dialogue, diplomacy and the best possible dialogue. The work here needed to be productive and fruitful so as to promote and protect human rights throughout the world. Mexico shared the priorities the High Commissioner had included in her report. The issue of indigenous people was also a priority for Mexico and an issue that needed to remain at the top of the international agenda. The rights of migrant workers were also very important for Mexico and all countries that had not yet ratified the Convention on the Rights of Migrant Workers were encouraged to do so. Freedom of expression was a necessary condition for the rule of law and Mexico supported what had been said by the High Commissioner. Mexico supported the High Commissioner’s reference to prevailing problems relating to the discrimination against women and it would put forward a law against the discrimination against women.

JOHN VON KAUFMANN (Canada) said Canada supported the High Commissioner’s emphasis on promoting respect for and implementation of human rights obligations that States had freely undertaken and supported her efforts to strengthen the treaty body system which played an essential role in promoting implementation of human rights. The High Commissioner’s focus on combating discrimination and violence against women was an area in which Canada hoped to strengthen the Council’s efforts. Canada looked forward to the workshop on violence against women to be held in 2010. Canada supported the High Commissioner’s call to end impunity for the violation of human rights of journalists, human rights defenders and peaceful political activists. It would seek to strengthen the Council’s work on combating impunity and ensuring accountability for the perpetrators of human rights violations, as well as efforts to protect journalists and human rights defenders. Canada would continue to work to fulfil the Council’s mandate and responsibility to protect human rights everywhere.

JURG LAUBER (Switzerland) said all human rights should be protected. The international community had an important role to play. The Human Rights Council was the main forum for the discussion of human rights within the United Nations, and should contribute positively to the implementation and elaboration of standards to ensure that human rights and the enjoyment of human rights was a reality for all. The call to reflect on how to reinforce and strengthen the treaty body system was welcome. Switzerland completely supported the message on how justice in transition was an important element for peace, as this was important to sustain stability in a country. Switzerland would submit a resolution on justice in transition, and hoped this would help to establish human rights and lasting peace.

IDRISS JAZAIRY (Algeria) said that concerning the thematic priorities of the Office of the High Commissioner for Human Rights for the next two years, the Council should be consulted on the next Plan of Strategic Management before its finalization. The High Commissioner’s update this morning was more than a simple update. The only objective of updates should be to inform on developments during the intersession. The High Commissioner’s update was more balanced as it did not only highlight the situations of vulnerable groups in the South. The examples of discrimination against vulnerable groups which were selected needed to be placed in context, that was, racial and religious discrimination. Algeria believed that States which conducted military operations needed to avoid collateral damage as regards civilians. Algeria commended the High Commissioner’s decision to rectify the unbalance which was the result of the focus on the realization of civil and political right as opposed to economic, social and cultural rights. Algeria also encouraged the High Commissioner to focus her statements and actions in terms of migration on the ratification of the International Convention on the Protection of Rights of All Migrant Workers and on the adoption of a link of the undertaking between migration and development. Two mandate holders had not respected the code of conduct and the Council’s resolutions and the Council could ensure a better comprehension. The High Commissioner had spoken about the five-year review; this should be an inter-governmental process which should start as soon as possible.

OMAR HILALE (Morocco) said that a lot remained to be done to consolidate the progress made in the promotion and protection of human rights. Morocco shared concerns with the High Commissioner and welcomed the priorities she had established for her Office, particularly with regards to discrimination and protection of civilians in armed conflict. Morocco had always been dedicated to the peaceful solution of conflict and the protection of civilians, including internally displaced persons and refugees. Morocco condemned the exploitation of humanitarian dramas around the world for political objectives. The Moroccan delegation appreciated the priority attached to the promotion of the rights of women and economic, social and cultural rights and this choice reflected the choice Morocco had made and on which it had founded its democratic reforms. In 2005 His Majesty the King launched the National Initiative for Human Development which promoted a balance and equilibrium between economic, social and cultural rights. The upcoming review of the Council’s work and methods presented an opportunity to assess the work done and to launch a non-confrontational approach. Morocco attached particular importance to international cooperation and its strengthening in the area of human rights. International solidarity was needed to support some countries, especially in Africa, with their reforms in the area of the promotion and protection of human rights, particularly with the view of the devastating impacts of the global financial and economic crises and climate change.

MOHAN PEIRIS (Sri Lanka) said Sri Lanka wished to thank the Council and the High Commissioner for their valuable guidance and support in the last year, which had been a difficult one for Sri Lanka, in which a fine and difficult balance had to be achieved between the maintenance of civil and political rights in the context of the maintenance of national security. With the dismantling of the LTTE in May 2009, there was not even a semblance of a conflict in Sri Lanka, which had restored normalcy in all parts of the country and was looking forward with renewed hope and optimism for a brighter future for its people. It was quite inaccurate to state that internally displaced persons were detained under conditions of internment. Sri Lanka was in substantial compliance with its treaty obligations governing internally displaced persons. Even the European Convention on Human Rights did not confer unfettered freedom of expression which granted a license to indulge in sedition or terrorism. Derogable standards were quite common in the European Union, and it was preposterous that double standards were applied when it came to Sri Lanka. The international community should cooperate with Sri Lanka in a true sense of partnership and desist from indulging in a consistent and systematic scheme of criticism intended to tarnish its image.

REINHARD SCHWEPPE (Germany) said Germany felt the responsibility of richer countries to help others to find a way out of the problems that many States were confronted with. On the other hand, it was also clear that poverty was no excuse for human rights violations. Germany fully shared the High Commissioner’s view that this Council should maintain its focus on pressing human rights abuses. There was considerable room for improvement regarding the effective functioning of Special Procedures and the participation of civil society in the Council’s deliberations. As the Council entered its fourth year, it was with great interest that Germany took note of the High Commissioner’s remarks regarding the Council’s review. It was Germany’s goal to protect all human rights for all human beings, which meant that there was a need to apply the same fundamental human rights standards for all States, regardless of them being poor or rich.

SHAZRA ABDUL SATTAR (Maldives) urged the High Commissioner to include the issues of climate-induced displacement and statelessness in her work on migration and human rights. The Maldives would be speaking on this issue during a side-event to be held this coming Wednesday. The Maldives shared the High Commissioner’s belief in the importance of the upcoming review of the work and methods of the Council and intended to participate fully in the review. The review should include an assessment of how the Council could be made more accessible to smaller delegations, including United Nations members that still do not have offices in Geneva. The success of the Universal Periodic Review would depend on whether periodic review led to real implementation and real improvements in the on-the-ground enjoyment of human rights. The Maldives confirmed the establishment of a permanent Universal Periodic Review Standing Committee, inclusive of non-governmental organizations, which would be responsible both for reporting to the Council and for implementing the outcome recommendations.

HAMZA OMER HASSAN AHMED (Sudan) said the High Commissioner’s update addressed many human rights issues in the world. The update mentioned the case of a Sudanese woman on trial for having violated national laws, charged with dressing indecently, and not just for wearing trousers as had been reported by sensationalist media hostile to the Government. What was surprising was for the United Nations Office in Khartoum and other United Nations agencies in Geneva and New York to join in this. All countries had laws on indecent exposure, and these did not violate laws on personal freedom. Sudan inherited its laws from the Anglo-Saxon colonial powers. Sudan was among the first countries to join human rights instruments. Sudan had long suffered from selectivity and double standards. If United Nations staff members in Khartoum looked carefully, they would see that many colleagues wore trousers, and if they looked out of the window they would see many Sudanese students in trousers - as was the case in this room, where there were Sudanese women wearing trousers. The High Commissioner's update should have contained the gains and improvements made by Sudanese women, far surpassing the situation of women in the region. Sudan needed the help of the Human Rights Council to support it in protecting and fulfilling the needs of its people.

ENOS MAFEMBA (Zimbabwe) said Zimbabwe put to the fore human rights issues that were likely to remain of utmost concern for the foreseeable future. Taking note of the Office of the High Commissioner for Human Rights’ commitment to impartiality, non-selectivity and independence of her Office, what criteria had been used to determine the most prominent cases of human rights violations, Zimbabwe asked. The Zimbabwean delegation had already submitted detailed and comprehensive responses to the Office of the High Commissioner for Human Rights on the question of detainees. If that would not be acknowledged, then it was Zimbabwe’s view that the Office of the High Commissioner for Human Rights held Zimbabwe’s justice system in extreme contempt. A non-commitment to impartiality, non-selectivity and non-politicization was also seen. There should be no attempt to influence ongoing investigations.

CHRISTINE GOY (Luxemburg) said Luxembourg hoped that the opening of the High Commissioner’s office in Brussels would strengthen the relations with European institutions. The High Commissioner’s update reminded them there was no State above criticism. Over the next two years, Luxemburg would pay particular attention to the work of the Council and the Office of the High Commissioner for Human Rights with regards to the right to food and the violation of human rights as a consequence of maternal mortality. Luxemburg was interested in the studies that the Office of the High Commissioner for Human Rights was conducting on these subjects. Luxemburg urged the Council to combat discrimination against persons based on sexual orientation and gender identity.

CHRISTIAN STROHAL (Austria) said the protection and promotion of human rights was not an easy task. Governments were often reluctant to accept criticism, a phenomenon that could far too often be observed in this Council, including today. What was needed was a firm voice for the effective implementation of human rights obligations. Around the world, deplorable gaps persisted between human rights norms and standards and the realities on the ground. The effective implementation of existing human rights instruments must therefore remain the common priority. It was the primary responsibility towards the victims of human rights violations that should guide the work of the Council. The difficult situation of migrants was an issue that affected all countries. Normative progress on the protection of civilians had not been matched by concrete improvement for civilians on the ground. The Council should further contribute to strengthening the rule of law by supporting criminal justice mechanisms and other mechanisms for accountability and affirming its opposition to impunity.

ABDULMONEM ANNAN (Syria) said Syria thanked the High Commissioner for her statement which included a number of key issues. Syria also welcomed the call of the High Commissioner for countries to implement the outcome of the Durban Review Conference. Syria was happy to hear the Office of the High Commissioner for Human Rights reiterate its impartiality and independence but noted with regret that the High Commissioner’s statement singled out isolated cases and neglected others. Syria had hoped that the High Commissioner, when speaking of armed conflict, would have affirmed that the continuation of the Israeli occupation of the Occupied Palestinian Territories was a main cause of concern and violated international humanitarian law. Syria hoped that the High Commissioner would in future take account of such facts. Human rights were an arena that should be shielded from selectivity and discrimination.

ALLEHONE MULUGETA ABEBE (Ethiopia) thanked the Office of the High Commissioner for Human Rights for its continued provision of technical assistance, particularly in the area of fulfilling reporting obligations. Ethiopia believed that a solid platform for cooperation was established between the Office and the Government and various government offices were currently working to prepare and finalize periodic reports. The Government was encouraged by the outcome of this cooperation and as a result was able to present a number of long overdue reports. Ethiopia was also keen on further strengthening collaboration in the areas of human rights education, which was a reflection of the Government’s strong commitment to the promotion and protection of human rights.

ALI CHERIF (Tunisia) said Tunisia had great respect for the High Commissioner and her update, and welcomed her hard work to protect and promote human rights throughout the world. Most of her opinions in the update were shared. Tunisia called for efforts for international conventions to become efficient at the practical level so that respect for human rights was guaranteed. The promotion of human rights was a process, and a daily effort that needed to be made. The highest expression of these human rights was the highest expression of humanity. The efforts to implement the resolutions of the Durban Review process were applauded. All parties to conflicts should respect the safety of civilians and respect international humanitarian law. In the Occupied Palestinian Territory and the Syrian Arab Golan there had been a deterioration of the situation due to the activities of Israel, the Occupying Power. Much stress should also be given to migrants and their rights, and this should also be one of the priorities of the Office.

ASLIGUL UGDUL (Turkey) said Turkey believed that the discussion under item 2 contributed to the dialogue between the Office of the High Commissioner for Human Rights and the Council. This was a result of the High Commissioner’s willingness to have an open-minded, frank and reciprocally reinforcing interaction with the Council. Discrimination, in all its forms, remained one of the most frequent violations of human rights and all parties should reaffirm their commitment to fight against this scourge. The outcome of the Durban Review Conference should enable all States to rejoin international efforts in that field, and Turkey encouraged States to this end. Turkey welcomed the priority given by the Office to the human rights-based approach to migration. Turkey was about to finalize its ratification process of the International Convention on the Rights of Persons with Disabilities.

HABIB MIKAYILLI (Azerbaijan) said the credibility and impartiality of the Human Rights Council depended on its prompt and effective responses to all human rights violations and that the Council had done its best to live up to the expectation during the last twelve months. The Special Sessions on the global food and financial crises could be seen as a contribution by the Council to the global efforts to cope with their effects. They reminded States of their primary responsibility of not diminishing the attention to the realization of human rights in such a difficult time. The Universal Periodic Review mechanism had proved to be a success and all countries considered it as a serious exercise to improve their human rights record. This year five different reports about Azerbaijan had or would be reviewed by different United Nations treaty bodies and the experts had stressed the regularity of reports. This was evidence of the serious and consistent attitude of Azerbaijan to work with the treaty bodies. Azerbaijan was pleased that the protection of civilians was a priority of the Office of the High Commissioner for Human Rights. As a State party to the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, Azerbaijan saw it as an important instrument in protecting migrants’ rights.

DAITHI O CEALLAIGH (Ireland) said the comments of the High Commissioner had challenged all countries to keep their attention focused on the range of human rights issues. There was a widespread perception that the Council could perform better in working to improve human rights situations around the world. There were a wide range of situations and themes that concerned all countries, and in taking a balanced approach the High Commissioner demonstrated the credibility that her Office had gained for itself as an independent voice. Ireland was particularly concerned that the international community should stay faithful to the 1998 Declaration on Human Rights Defenders, and called upon States to engage with the work of the Special Rapporteur thereon, and to ensure that those human rights defenders that were advocating for causes that might not be universally popular were also protected.

VERONIKA STROMSIKOVA (Czech Republic) said the Czech Republic looked forward to continuing the dialogue with the Office of the High Commissioner for Human Rights. The Czech Republic entirely shared the concerns of the High Commissioner on persisting discriminatory practices in many parts of the world, and it fully agreed that eliminating discrimination was a duty of the highest order. The removal of barriers and unhindered inclusion of Roma children into mainstream education was seen as one of the key components of the successful integration of the Roma minority in Czech society. This was a goal pursued by the Czech Government in the long-term. A multi-cultural component of the education in the Czech Republic was being extended and anti-discrimination measures were in place. The Czech Republic was also pleased with the success of the panel on human rights, sexual orientation and gender identity on the sidelines of the eleventh session of the Human Rights Council in June 2009.

CAROLINE MILLAR (Australia) thanked the High Commissioner for her report and appreciated her commitment to the impartiality and independence of her Office. It was essential that the Office had the freedom and flexibility to respond effectively to violations of human rights. Australia supported the High Commissioner’s stand that discrimination was one of the key issues and underlined the importance of eliminating discrimination on the grounds of gender identity or sexual orientation. Australia agreed that the work of Special Procedures mandate-holders was of great value in raising awareness of human rights issues and supported the High Commissioner’s call to strengthen national institutions.

ANGELINO GARZON (Colombia) said with regards to violence against the indigenous community in the south of Colombia, these incidents had been emphatically condemned by the Government as well as by the High Commissioner. This condemnation and the decision to investigate and punish the perpetrators had been announced by the Government, with the support of the regional Office of the High Commissioner. The Government hoped it would be able to clarify the situation, punish the responsible, and provide compensation to the indigenous people. Colombia had been visited by a number of Special Rapporteurs, including on extrajudicial killing. Colombia was fully committed to fighting all forms of discrimination, and would be supporting the draft resolution on women. All people should enjoy protection under international instruments on human rights.

MARIA CIOBANU (Romania) said while the Human Rights Council had a mission to fulfill, the valuable contribution of the Office of the High Commissioner for Human Rights could certainly help. Romania supported the independence, integrity, and impartiality of the Office which was an essential condition for its efficient functioning. Further, the violation of human rights should be everyone’s concern and each and every country in the world should bear its responsibility in protecting all its citizens. Romania was acting along these lines, and the national housing and social inclusion policies of the Romanian Government were but some of its endeavors in this regard. A point was reached where the Romanian national legislation forbid any form of discrimination and provided for mechanisms of legal protection against such acts.

JOHAN ARIFF ABDUL RAZAK (Malaysia) welcomed the High Commissioner’s commitment to give greater emphasis to economic, social and cultural rights, since economic development was essentially a prerequisite to enjoyment of all human rights. It was unacceptable that millions of people were still trapped in poverty and underdevelopment. One effective way to address poverty and global inequalities was to operationalise and mainstream the right to development. There was a clear need to focus on conflict prevention in addressing the issue of racial and religious hatred and more could be done to ensure that emerging or established patterns of abuse were dealt with immediately including through effective and appropriate legislation. Malaysia welcomed the High Commissioner’s call for better streamlining and coordination among human rights mechanisms and their interaction with the Special Procedures.

KHADIJA RACHIDA MASRI (African Union) said the African Union supported the productive work done by the High Commissioner, and the commitment with which she threw herself into the work of the Council reflected a new dynamic contribution to the work of the Council to improve international cooperation and solidarity. The combat against racism, racial discrimination, xenophobia and related intolerance and the outcome of the Durban Review Conference were supported. The members of the African Union had committed themselves to implementing this outcome, and to continue to combat racism, racial discrimination, and related intolerance. The African Union particularly appreciated efforts made in the fight for economic, social and cultural rights, and called for the effective enjoyment of these rights, which were crucial to African populations, as they were directly linked to development issues. The right to development remained the essential pillar and cornerstone around which other rights were built, such as the rights of migrants and their families. These issues were very closely linked and deserved greater consideration from the international community. The poverty gap had to be bridged for the final deadline of the achievement of the Millennium Development Goals to be reached in 2015.

IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen) said Yemen appreciated all the efforts made by the High Commissioner during this short period, her first year in office. As for the situation in Yemen, considering the actions taken by rebels for over five years, it was only natural that this had led to a new round of war. This war had been imposed on the Yemeni Government as it had become important for the Government to destroy destructive rebel elements. These rebels were given several opportunities to abide by the rule of law. Further, Yemen cooperated with all international organizations and humanitarian agencies in Yemen and the latter had expressed their appreciation to the Yemeni Government. Yemen asked the High Commissioner to listen to the statements of the Office for the Coordination of Humanitarian Affairs as the High Commissioner was unfortunately misled regarding the stream of refugees; Yemen had received scores of refugees from the Horn of Africa and had indeed helped them, which was well known by the international community.

GANCHO GANEV (Bulgaria) said Bulgaria was committed to achieve full integration of Roma in Bulgarian society on the basis of the principle of equality and non-discrimination. Although some of the persons belonging to the Roma community did not possess valid identity documents and health care insurance, this did not prevent them from receiving adequate health care services. In April 1999, the Government had approved a Framework Programme for Equal Integration of Roma in Bulgarian Society, which remained among the policy priorities, and in 2005 it had adopted a National Plan of Action containing comprehensive measures aimed at achieving the goals of the Decade for Roma Inclusion. In addition, Bulgarian authorities were focused on a number of areas, such as the reduction of infant and maternal mortality, the control of infectious diseases, and the improvement of sexual and reproductive health, among others. The equal access to health care system of all Bulgarian citizens was one of the main priorities of the public health policy.

NANGUYALAI TARZI (Afghanistan) said the Government of Afghanistan was deeply concerned and strongly condemned the loss of civilian lives that Afghanistan had suffered during 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 the heinous phenomenon of terrorism, while avoiding civilian casualties, and was committed to its obligations vis-à-vis the international human rights conventions to which it was a State Party. Afghanistan believed that for the development of democracy, freedom of expression had a fundamental role. Protecting people's lives and the dignity of human beings was one of the fundamental principles enshrined in human rights. The commitment of the Government of Afghanistan towards the protection and promotion of women's rights was guaranteed by the Constitution, which stated that men and women had equal rights and duties before the law.

JUAN HOLGUIN (Ecuador) said Ecuador supported the appeal made by the High Commissioner that those countries which had not yet become part of the Convention for the Protection of Migrant Worker’s Rights should do so. The importance of protecting vulnerable groups had been repeatedly highlighted during this Council and Ecuador welcomed that this was included among the priorities of the High Commissioner. Many States were pursuing only good intentions when devising national policies. However, this did not prevent xenophobic policies from being adopted. The High Commissioner had mentioned Bolivia as an exemplary example for Latin-American countries so as to incorporate the rights of indigenous people into their Constitution, but this call needed to be extended to all States, even those that have not yet signed the Convention. Ecuador shared the concern regarding the violation of human rights and the international humanitarian law. It was also concerned at the internal conflicts in Ecuador’s region and agreed with the High Commissioner who had regretted these conflicts with tragic costs. Ecuador was happy that this was part of her priorities. Further, Ecuador condemned the breaking down of democratic order that had occurred in Honduras.

Report by the Special Representative of the Secretary-General for Children and Armed Conflict

The annual report of the Special Representative of the Secretary-General for children and armed conflict, Radhika Coomaraswamy (A/HRC/12/49) contains a review of the activities undertaken in discharging her mandate, including information on her field visits, and on the progress achieved and the challenges remaining on the children and armed conflict agenda. Grave child rights violations in situations of armed conflict represent a profound challenge to the international legal order. Over the last year, the Office of the Special Representative has strengthened its strategic partnership with the Office of the United Nations High Commissioner for Human Rights (OHCHR). A focal point for children and armed conflict within the Human Rights Council and Treaties Division in Geneva was identified in November 2008 to facilitate interaction and act as a coordinator between the Office of the Special Representative and the different sections of OHCHR, including its Inter-Branch Task Force on child rights issues.

The Office of the Special Representative also appreciates the continued efforts by OHCHR to encourage the mainstreaming of child rights issues related to armed conflict into its field presences, as well as into the work of human rights mechanisms, including the Universal Periodic Review (UPR) of the Human Rights Council, and treaty bodies such as the Committee on the Rights of the Child, as well as Special Procedures. The Office of the Special Representative has collaborated with other Special Procedures mandate holders to prepare joint submissions on the human rights situation in the east of the Democratic Republic of the Congo pursuant to Human Rights Council resolutions 7/20 and S-8/1 and in the occupied Palestinian territory in accordance with Council resolution S-9/1 on grave violations of human rights in the occupied Palestinian territory particularly due to the recent Israeli military attacks against the occupied Gaza Strip.

Statement by the Special Representative of the Secretary-General for Children and Armed Conflict

RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for Children and Armed Conflict, said that the past year had been difficult for children living in situations of armed conflict. On the one hand there had been progress, as the Security Council passed a landmark resolution on children and armed conflict, further advancing the agenda for their protection, including naming and shaming of those who recruited children, or committed rape and other grave violence against children. A significant number of child soldiers were being released in various areas including Burundi, the Central African Republic and the Philippines. These and other welcome developments had to be held against a terrible year for children in Gaza, northern Sri Lanka, western Pakistan, the Democratic Republic of the Congo, Iraq, and Afghanistan, where there had been conflict and displacement of civilians including children.

What the children in Gaza suffered was beyond words, and such action should never take place again. In Sri Lanka, the joint communiqué asserted that accountability for abuses against children would be addressed in the near future. There was also concern for internally displaced children in the North of Sri Lanka, many kept in camps against their will. Protection was a key aspect in post-conflict areas. In the Democratic Republic of the Congo, the joint military operations against recalcitrant members of the FDLR had led to countless displacements, and there were also reprisals against communities by all parties. A serious concern was impunity for the commanders and soldiers of Government troops. The United Nations' support to the units should be conditional on the discipline and conduct of the troops.

The nature of conflict was changing, and civilians were increasingly on the frontline, with a terrible toll on children. Wars were fought in remote areas where there was little access to information, and humanitarian access to the injured and killed was also limited, and sometimes prevented. Civilians were targeted by acts of terror in public spaces. For years, the so-called war on terror had made military imperatives and security concerns the only real consideration for military action, leading to a great deal of suffering for the civilian population, especially children. On August 5 this year, the Security Council passed a landmark resolution, highlighting the exceptional treatment that the Council had given to children and armed conflict. This resolution created the necessary framework for the United Nations to enter into dialogue with parties to end grave violations against children, and would be an important step in demanding accountability for perpetrators.

This year's report also contained the rights and guarantees that should be accorded to every internally displaced child in situations of armed conflict. The report also contained other recommendations, and the Council should consider them, and reinforce its commitment in order to bring a tangible difference for children affected by armed conflict. It was critical for the international community to remain steadfast, resolute and focused on ensuring accountability and fighting impunity for grave violations. In the Council, it was the voice of the victim that should be the privileged voice.

For use of the information media; not an official record

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