HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE PROTECTION OF ALL HUMAN RIGHTS AND HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL'S ATTENTION

The Human Rights Council this morning concluded its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, and started its general debate on human rights situations that require the Council’s attention.

Issues raised by speakers during the general debate on the promotion and protection of all human rights included how climate change undermined a range of internationally protected human rights, and this was felt mostly by those sectors of the population that were already vulnerable; how States had the obligation to take all necessary measures to protect their citizens against terrorism and ensure national security; the continuing violations of rights of lesbian, gay, bisexual and transgender persons and that States had to ensure the protection of human rights of all individuals and to make sure that sexual orientation and gender identity under no circumstances were made a basis for criminal penalties; how the work of the Working Group on the right to development’s task force on creating a list of right to development criteria and operationalisation sub-criteria, including the development of an enabling environment, was very interesting, and global agreement on them constituted an important step in the direction of including the systematic consideration of the human person and its inherent dignity in the development of development policies at all levels; how development programmes in least developed countries were faltering today as a result of the global economic and financial crises and climate change, among others; and how the Optional Protocol on the International Covenant on Economic, Social and Cultural Rights would be an invaluable contribution to the further realization of economic, social and cultural rights.

The right to self-determination was the key stone on which the United Nations had been built and as such had been enshrined in the United Nations Charter, speakers said. The interpretations of the right to self-determination did not change the way in which the United Nations must respect this right as this was the basis of all other rights and fundamental freedoms. The Human Rights Council was commended for addressing the protection of human rights in the context of HIV/AIDS and it was hoped that the Council and all observers would work together to take appropriate measures, in accordance with the Council’s mandate, to address this global human rights crisis. The Human Rights Council should urge States to provide protection to members of minority groups who came under attack and suffered discrimination, and request States to take the necessary measures to address the root causes of such violence, as well as repeal the laws that discriminated against religious minorities or that contributed to create a climate of suspicion and hatred. All members of the Council were urged to live up to their pledges to uphold human rights to he highest possible standards, as every attack on human rights defenders was not only a human rights violation in itself, but also further penalized the victims that those defenders were working to assist. Respecting human rights was critical to addressing the factors that drove maternal mortality - women and girls needed non-discriminatory access to education, reproductive health information and services, and medical care.

Other situations raised included that of the Sahrawis and the Western Sahara; Dalits and caste-based discrimination; conscientious objection to military service; implementation of the rights of children, and the situation of children affected by armed conflict; violence against women; access to medicines in developing countries; Tamils in Sri Lanka; Kurds in some countries; the opposition in Iran; Kashmir; indigenous peoples; and forced labour and other contemporary forms of slavery.

Speaking in the general debate on the promotion and protection of all human rights were Maldives, Spain, Denmark, Holy See, Yemen, Portugal, Algeria and Morocco took the floor, as did the African Union and the International Federation of Red Cross and Red Crescent Societies.

The following non-governmental organizations also took the floor on the promotion and protection of all human rights: Human Rights Watch, Society for Threatened Peoples, Franciscans International, International Commission of Jurists, Asia Legal Resource centre, International Humanist and Ethical Union, Association for World Education, Organisation pour la communication en Afrique et de promotion de la cooperation economique internationale, Amnesty International, Liberation, Mbororo Social and Cultural Development Association, Friends World Committee for Consultation, Al Haqim Foundation, North-South Xxi, Conectas Human Rights, Conscience and peace Tax International, International Institute for Peace, Interfaith International, International Educational Development, world Muslim Congress, Organization for defending Victims of Violence, Charitable Institute for Protecting Social Victims, Jana Utthan Pratisthan (JUP-Nepal), Indian Council of South America, International Club for Peace Research, Centris Democratic International, Permanent Assembly for Human Rights, Iranian Elite Research Centre, European Union for Public Relations, World Peace Council, International Association against Torture, France Libertes – Fondation Danielle Mitterand, and International Human Rights of American Minorities.

The right of reply was exercised by the following delegations: Algeria, Sri Lanka and Morocco.

Speaking in the general debate on human rights situations that require the Council’s attention were Nigeria on behalf of the African Group, Sweden on behalf of the European Union, France, the Netherlands, Norway, the United Kingdom, Japan, Argentina, Belgium, China, the Untied States, Mexico and Cuba.

The Human Rights Council today is meeting in back-to-back meetings from 9 a.m. to 6 p.m. At noon, it will start its midday meeting and continue with the general debate on human rights situations that require the Council’s attention.

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

SHAZRA ABDUL SATTAR (Maldives) said with regards to human rights and climate change, the panel debate on this topic held during the eleventh session of the Human Rights Council had been a worthwhile and productive exercise, and States, non-governmental organizations and experts had presented comments. The debate had raised five key questions on the interrelation between human rights and climate change. Climate change undermined a range of internationally protected human rights, and this was felt mostly by those sectors of the population that were already vulnerable. There was an inverse relationship between responsibility for climate change and vulnerability to its effects. Parties to the United Nations Framework Convention on Climate Change had a clear moral as well as legal obligation to protect and promote those rights by reaching an ambitious and effective agreement at COP15 in Copenhagen this December. The bold and far-sighted actions taken by the Human Rights Council so far were welcome.

JAVIER GARRIGUES (Spain) said that on 30 June this year a court had handed down and reaffirmed the actions taken by the Government of Spain to combat ETA terrorism. The position of the Spanish court was in conformity with the human rights conventions. The State had the obligation to take all necessary measures to protect its citizens and ensure national security. Spain protected the human rights of all and perpetuated those that violated these rights.

PETER HERTEL RASMUSSEN (Denmark) said that on a daily basis they saw religious minorities all over the world as victims of serious human rights violations. Respect for other cultures and religions was a necessity to promote and protect the rights of religious minorities. Denmark drew the attention to the continuing violations of the rights of lesbian, gay, bisexual and transgender persons and recalled the joint declaration on human rights, sexual orientation and gender identity. Denmark called upon all States to ensure protection of the human rights of all individuals and to make sure that sexual orientation and gender identity under no circumstances were made a basis for criminal penalties.

SILVANO TOMASI (Holy See) said the lack of development threatened the achievement of the Millennium Development Goals, and could undermine the enjoyment of human rights. The current debate on the right to development was an opportunity to strengthen the international commitment to the operationalisation of this right into concrete action. The work of the Working Group on the right to development’s task force on creating a list of right to development criteria and operationalisation sub-criteria, including the development of an enabling environment, was very interesting, and global agreement on them constituted an important step in the direction of including the systematic consideration of the human person and its inherent dignity in the development of development policies at all levels. The task force's approach of a comprehensive, human-centred development was fully supported. The cultural component of the right to development could not be complete without including the ethical or spiritual dimensions of the person, and this should be reflected in the human-centred criteria that were being developed. States and the international community should concretely reduce economic and cultural disparities.

FADHL AL-MAGHAFI (Yemen) said that Yemen saluted the Human Rights Council for the efforts it had made to realize all human rights, and wished to thank the Working Group and the High Commissioner. The right to development was one of the major responsibilities in the arena of human rights, but as a least developed country, the development programmes in Yemen were faltering today as a result of the global economic and financial crises and climate change, among others. Famine also hampered social and development programmes. Yemen was hardly hit by these crises and the lives of children were threatened. Prices were very high and expected to remain so. Further, the International Monetary Fund had indicated that foreign aid would be reduced by 25 per cent and Foreign Direct Investment in developing countries would be reduced by 32 per cent, which would have severe impacts on developing countries.

FRANCISCO XAVIER ESTEVES (Portugal) said Portugal had always been committed to the promotion and protection of human rights, with national initiatives on economic, social and cultural rights and on the right to education. It was also actively involved in the negotiations that had led to the adoption of the Optional Protocol on the International Covenant on Economic, Social and Cultural Rights. This new mechanism would be invaluable contribution to the further realization of economic, social and cultural rights and it would put an end to the disparity in the treatment given to the two sets of human rights established by the International Covenant of 1966. Portugal would be signing the Optional Protocol at the Treaty Event in September and had also started the internal procedures necessary to ratify it as soon as possible.

KHADIJA R. MASRI (African Union) said by adopting a chronological approach, it could be seen that the world had undergone a series of global crises, and there was an omnipresent environmental crisis which transcended chronological classification. There was increasing poverty, with an exacerbating effect on the right to food. There was a worrying situation that was far from being temporary. Efforts were being made at the African level to remedy these alarming situations. Through world-wide voluntary projects, it was possible to manage the most negative effects of the crisis, and integrate the global dialogue on the reform of the international monetary and financial system. Cooperation, aid and international solidarity, notably for the realisation of economic, social and cultural rights, were obligations of all States, and these obligations found their base in one of the most sacred international human rights instruments, namely the United Nations Charter.

KATRIEN BEECKMAN, of the International Federation of Red Cross and Red Crescent Societies, said that the International Federation of Red Cross and Red Crescent Societies was strongly committed to promoting a global culture of respect for diversity, non-violence and social inclusion where human values were not only respected but truly celebrated. It also believed in the power of youth and the thirtieth International Conference of the Red Cross and Red Crescent Societies in 2007 united all States Parties to the Geneva Conventions and emitted a firm call to empower youth to take action against discrimination and xenophobia, among others, and to play a key role in influencing mindsets and attitudinal change in their local community. Through this initiative, the International Federation of the Red Cross and Red Crescent Societies was building the capacity of youth throughout the world so as to enable them to take up that leadership and educational role in society.

IDRISS JAZAIRY (Algeria) said the right to self-determination was the key stone on which the United Nations had been built and as such had been enshrined in the United Nations Charter. The Summit of Non-Aligned Movement in 2009 had reaffirmed the inalienable right of people of non-autonomous regions, occupied territories, and territories under the colonial domination, to enjoy the right to self-determination. The interpretations of right to self-determination did not change the way in which the United Nations must respect this right as this was the basis of all other rights and fundamental freedoms. This right was not yet being enjoyed by the Palestinian people and the Sahrawi people in particular. The Human Rights Council and the Office of the High Commissioner for Human Rights had the mandate for the implementation and realization of the right to self-determination.

OMAR RABI (Morocco) said there were numerous references in international documents on the indivisible, interdependent, universal and inalienable nature of human rights, showing that they could not be prioritised, nor one supported over the other, nor made conditional over the exercise of another, nor could it be said that one was more fundamental than another, or a basis for that one. Some States were however using this as an excuse, violating international law and the United Nations Charter, undermining good neighbourly relations. The international legal situation on self-determination could not be summarised in one mere resolution. This right was one that had evolved through time, and not just since 1960. The democratic and political context and the separation of powers should be borne in mind, and no attempts to undermine the territorial integrity of States should be allowed. Algeria had a poor record in human rights, and could not criticise the situation in neighbouring States. Everybody knows that Algeria was pursuing its own geo-strategic objectives, and claimed it was supporting the right to self-determination in the Western Sahara as part of its global efforts. Algeria had however never mentioned another non-autonomous territory, and had only ever referred to the Moroccan Sahara.

JULIE DE RIVERO, of Human Rights Watch, said that Human Rights Watch commended the Human Rights Council for addressing the protection of human rights in the context of HIV/AIDS. It hoped that the Council and all observers would work together to take appropriate measures, in accordance with the Council’s mandate, to address this global human rights crisis. Further, Human Rights Watch would like to point to the importance of HIV testing and counselling, access to medicines for pain treatment and marginalized populations, as these three key issues needed greater attention. Human Rights Watch hoped that these issues would be increasingly addressed in future.

TENZIN KAYTA, of Society for Threatened Peoples, said that victims in chronic human rights situations needed a special focus from the Council. The Society for Threatened Peoples welcomed the update on those situations that the High Commissioner had given in her report. Even under democratic governance there were many examples of such situations, including racism and discrimination. This subject was even more alarming when the overall violations were centred on the total denial of economic, social and cultural rights, including the right to development. How seriously the Council addressed chronic human rights conditions with a political will now became major questions, so that millions of victims who were suffering in the Americas, Western Sahara, Russia, Sri Lanka, Pakistan, Bangladesh, Iraq, Iran and China including Tibet and Xinjiang were not disappointed.

THOMAS SEBASTIAN, of Franciscans International in a joint statement with Dominicans for Justice and Peace, said communal violence affected minority communities, who were often victims of violence perpetrated by the majority group. One year ago, Hindu fundamentalists carried out a series of attacks against the Christian minority living in the Indian State of Orissa, and the provision of justice since had been very slow and victims wanting to testify were continuously harassed. Pakistan's blasphemy laws had been found to propagate violence against religious minorities. The Human Rights Council should urge States to provide protection to members of minority groups who came under attack and suffered discrimination, and request States to take the necessary measures to address the root causes of such violence, as well as repeal the laws that discriminated against religious minorities or that contributed to create a climate of suspicion and hatred.

LUKAS MACHON, of International Commission of Jurists, said that the International Commission of Jurists had welcomed the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, and had advocated for its prompt entry into force. This landmark would serve to make real and effective the principle affirmed by all States in the Vienna Declaration and Programme of Action that all human rights were universal, indivisible, interdependent and interrelated. The International Commission of Jurists would like to commend the decision of at least nine States for having recently signed the Optional Protocol, and it called on other States to follow this example. Becoming a party to the Optional Protocol would reinforce the commitment of States to develop and ensure effective remedies for victims of violations of economic, social and cultural rights.

MICHAEL ANTONY, of Asian Legal Resource Centre, noted that in the majority of Asian nations' human rights defenders and non-governmental organizations continued to face a range of impediments to their work, including harassment and legal and physical attacks, even in Council Member States. Such situations were recorded in the Philippines, Pakistan, Bangladesh, Indonesia, and the Republic of Korea. The Asia Legal Resource Centre called on all members of the Council to live up to their pledges to uphold human rights to the highest possible standards, noting that every attack on human rights defenders was not only a human rights violation in itself, but also further penalized the victims that those defenders were working to assist.

ROY W. BROWN, of International Humanist and Ethical Union, said there were threats to universal human rights. Regional variants to the international instruments existed, enshrined in regional instruments. A problem arose when so-called regional instruments were not variants or supplementary to international instruments, such as the Cairo Declaration on Human Rights, which had been given a new lease of life by the Organization of the Islamic Conference Summit in Mecca in 2005 with plans to promote "a new independent human rights body". This decision had been confirmed in May 2009. The Cairo Declaration made no reference to the Universal Declaration of Human Rights, and quoted that Islamic Sharia was the only terms of reference for any of the articles of the Declaration, and thus undermined the very concept of the universality of human rights. This should not therefore be recognised by the Council or the international community.

DAVID CORNUT, of Association for World Education in a joint statement with International Humanist and Ethical Union, said that the Association for World Education thanked the Special Rapporteur on Contemporary Forms of Slavery for the excellent report, but regretted that it contained only few actual examples of slavery, particularly in those countries where it still occurred at a large scale. Although they had signed international treaties, some countries in fact left slavery and similar processes prosper due to weak legislation, acts of corruption and complicity, as for example in Mauritania and Sudan. These were but two examples, but there remained at least another dozen other countries where the situation was just as dramatic.

MICHELINE MAKOU DJOUMA, of Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), said that the situation of the rights of women in the world was critical. The question was how to make recommendations, conventions and declarations tangible. The organization had organized a panel in June 2009 on the economic, social and cultural rights of women that had generated an International NGO Forum for Economic, Social and Cultural Rights of Women which had as an objective to encourage dialogue in the context of policies for promotion and protection of rights of women. The violence and inhuman treatment of women by the military was an issue to be discussed in the panel to be organized this afternoon.

ORLAITH MINOGUE, of Amnesty International, said the Council had an important role to play in bringing human rights standards to bear to reduce the unacceptably high global rate of maternal mortality, such as in Sierra Leone, where thousands of women, girls and infants died every year as a result of complications of pregnancy and childbirth, most of which could have been prevented by accessible, affordable and timely medical care. Research there led to three main factors leading to women's avoidable deaths. Respecting human rights was critical to addressing the factors that drove maternal mortality - women and girls needed non-discriminatory access to education, reproductive health information and services, and medical care. Resources needed to be better allocated so that health-care facilities were accessible, adequately staffed by trained personnel, and were provided with essential drugs and medical supplies, as well as infrastructure such as electricity and clean water.

LUCIE KOLISEVOVA, of Liberation, said that unfortunately some Governments preferred to put facts out of sight rather than taking corrective and preventive measures. Further, it was very unfortunate that human rights violations in all their forms were constantly on the rise. Who cared for the rights of indigenous people on the course of so-called development, the International League for the Liberation of Peoples asked, and it called on the Council to urge India to end human rights violations in the name of development and accord equal rights to all segments of the society without discrimination.

IRENE PATRICIA HUJON, of Mbororo Social and Cultural Development Association (MBOSCUDA), said that bonded labour affected mainly excluded groups and those who suffered discrimination. The Dalit children and families were particular victims and discrimination and bonded labour went from generation to generation. No progress had been made in making bonded labour illegal. Some countries were still in violation of relevant international declarations on instruments for the protection of, among others, the Dalits, who still continued to suffer cultural, social and economic discrimination in the Indian society.

RACHEL BRETT, of Friends World Committee for Consultation (Quakers), said all States should recognise and honour the right of conscientious objection to military service, and stop prosecuting and imprisoning those seeking to exercise this right.

ABDUL AMIR HASHOM, of Al-Hakim Foundation in a joint statement with Interfaith International, said that a great proportion of violence was directed against women. Development efforts would be flawed unless the status and needs of women vis-à-vis violence were recognized. Such violence required new legislation and new education systems and Governments were asked to implement international treaties to eradicate violence against women. Solutions could certainly not be found overnight, but there was a need for radical solutions. Further, coordination with organizations of civil society was required, women’s rights needed to be safeguarded, and it was necessary to move to firms words and actions.

MARGARET WEWERINKE, of North- South XXI, said that the convening of the special sessions in the Council on the global food and economic and financial crises gave visibility to those most affected and vulnerable. The consequences of those crises still continued. Many countries however were considering cutting their official development assistance, while at the same time, billions had been spent to bail out banks. Hundreds of non-governmental organizations had met in Nairobi and pointed out that the reparation for the climate crisis was necessary to correct the current imbalances. The Council itself had called upon all States and the international community to alleviate any negative impact of the global crises on the realization and enjoyment of human rights.

CAMILA LISSA ASANO, of Conectas Direitos Humanos, said adverse impacts of intellectual property rights on access to medicines in developing countries were innumerable, due to impeditive prices practiced by the pharmaceutical industry. All Governments should urgently take the necessary actions to minimise those impacts, making full use of TRIPS flexibilities. There should be no pressure for the adoption of TRIPS-plus measures and no illegitimate retaliation. The Council should promote initiatives which recognised the right of all peoples to access all essential medicines and vaccines. Discrimination and stigmatisation suffered by people living with AIDS were serious obstacles to the realisation of the right to health. All countries should eliminate HIV/AIDS-specific restrictions on entry, stay and residence of people living with HIV/AIDS.

DEREK BRETT, of Conscience and Peace Tax International, said Conscience and Peace Tax International wished to point to the right of conscientious objection to military service which was now generally acknowledged as being part of the freedom of thought. It particularly drew the Council’s attention to the fact that the minutes on this issue that had been adopted by the Central Committee of the World Council of Churches at its meeting in Geneva last month explicitly “encourages churches to study and address” the “development of conscientious objection” to include “the issue of military or war taxes”. Conscience and Peace Tax International called upon the Human Rights Council to uphold the right of conscientious objection to military service, in whatever form this objection manifested itself.

PASCAL GYSEL, of International Institute for Peace, said that the violations of child rights in situations of armed conflict represented a profound challenge to the international legal order. As the Special Representative of the Secretary-General on children and armed conflict had pointed out in her report, the widespread and systematic rape of girls in war zones was increasing characteristic of conflict in many parts of the world. Boys were also vulnerable to sexual violence, especially during military operations, through conscription or abduction into paramilitary forces. There was a need to protect schools and provide education in times of emergency and conflict as there was a growing tactical trend of targeting students, teachers and educational buildings, which deprived children from their basic right to learn. There were reported cases in Afghanistan and adjoining areas of Pakistan which required the immediate attention of the Human Rights Council.

SAADANI MAOULAININE, of Interfaith International, said there was an economic crisis having negative effects on all countries, acting as a destructive element on the lives of the most vulnerable, making the right to life all the more necessary. The international community should be aware of the launching of an initiative for human rights in Morocco, where the Sahrawi had reached a socio-economic level of development that was high, with policies for the protection and promotion of human rights and all fundamental freedoms. A significant portion of the Sahrawi population in the Tinduf camps were living in sub-human conditions, and the suffering and deprivation of the most fundamental human rights and freedoms should come to an end. The Council should encourage the bilateral negotiations that had been begun in order to ensure that the Sahrawi enjoyed all human rights.

KAREN PARKER, of International Educational Development, said International Educational Development welcomed the attention of the High Commissioner to situations of armed conflict, violence and insecurity, as well as the initiative undertaken by the Government of Hungary to establish an International Centre for the Prevention of Genocide and Mass Atrocities. It was painfully obvious that the United Nations system had not successfully addressed these situations and those in which a people or group may have a claim to self-determination. Regrettably, the message to oppressed people today seemed to be that they must continue to suffer indefinitely, which was the plight of the Tamil people in Sri Lanka, Kurds in some countries, and those opposing the Government of Iran. In light of the failures of existing mechanisms to address situations of armed conflict, International Educational Development proposed that the Council appointed a Special Rapporteur on armed conflicts.

SHAGUFTA ASHRAJ, of World Muslim Congress, said it wanted to address situations where States refused to fully cooperate with the Human Rights Council. The World Muslim Congress was concerned about the violations of rights of human rights defenders, extra-judiciary killings, abductions and disappearances. During the Universal Periodic Review sessions in the Council they saw attempts by some States to dismiss their international obligations. Chronic human rights situations, including in Kashmir, must be addressed.

PARICHER SHAHSAVAND, of Organization for Defending Victims of Violence, said one of the Organization's beliefs was that humankind had a prime responsibility in ensuring that the rights of the child were exercised, as they were unable to fight to defend these rights. The sale of children to obtain profits from various forms of exploitation, wars and social crises were all problems for children. The international community should ask itself what was its responsibility in this regard. Children were the future decision-makers. Despite the ratification of international conventions, children's issues remained. Children's issues should lie at the heart of the agenda of the Human Rights Council and other international mechanisms, Governments and NGOs, which should adopt a more cautious and thorough approach, coming up with practical mechanisms to combat negative phenomenon. Teaching human rights should be institutionalised, and there should be experience-sharing, and the establishment of civil programmes to protect children's rights.

Ms. F. SAFARI, of Charitable Institute for Protecting Social Victims, said that development was a comprehensive economic, social and political process on which human rights could be seen to rely upon. The role of the United Nations in the realization of the right to development was of significant importance since the United Nations was a forum for debate at the international level and because it had the membership of almost all countries in the world. Further, the Human Rights Council should design mechanisms to monitor Governments and the commitment of organizations to the right to development.

AMRIT BAHADUR BISHWAKARINA,of Jana Utthan Pratisthan (JUP-NEPAL), said that caste based discrimination was one of the most heinous global human rights violations and was affecting at least 260 million people, including Dalits in Nepal and other Asian countries. Political and economic exclusion of Dalits from national institutions made them more vulnerable to caste and gender-based discrimination. Despite the positive steps taken by the Government of Nepal, it still had not taken effective measures nor implemented mechanisms to ensure social, cultural and political rights of Dalits. The Human Rights Council was the forum where the international community could share global concerns and promote more accountable and effective measures to implement the international human rights obligations to eradicate caste based discrimination and inequality and to promote and protect human rights of Dalits.

TOMAS CONDORI, of Indian Council of South America, said there were serious internal tensions in Bolivia. It was not the Indian Council of South America’s vocation to take a stance on the political aspect, but it was solely concerned on the issue of protecting citizens from all sectors from the personal risks threatening them due to the growing conflict. Bolivian citizens recently came to Geneva with the intention of denouncing clear-cut abuse to world public opinion. Going to the United Nations and the Human Rights Council was not in the reach of all individuals. These informants had contacted the Indian Council of South America confidentially, but the organization could not remain in silence. The Council should launch an impartial investigation to shed light on the situation as soon as possible, before the tensions got out of rational control, leading to sad consequences. This was one more case where prevention was better than cure, leaving all sectarian approaches aside.

LISET PALACIO, of International Club for Peace Research, said that the report of the United Nations Children's Fund highlighted the situation of people in Pakistani camps and expressed concern for the plight of children. Whilst efforts for the provision of a number of services, including the vaccination of the thousands of children, were made, there remained an immediate need to develop child protection networks to assist children living in camps. The International Club for Peace Research also stressed that it was high time to bring to justice those who violated the rights of children in armed conflict.

HAJBOUHA ZOUBEIR, of Centrist Democratic International, expressed its concern about the realization of economic, social and cultural rights of people in situations of armed conflict. States often refused to live up to their responsibilities and the international community must act firmly to ensure the protection of individuals. For over 30 years those living in the Western Sahara had been deprived of their rights. Part of the population was forced to live in the Tinduf camp, in insecurity as humanitarian assistance was diverted to markets, without a right to work, movement, education and decent lives. Centrist Democratic International called on the international community to ensure the protection of the Sahrawi people in the Tinduf camp and called for an inquiry in the abuse of humanitarian assistance that had been going on for years.

VICTORIA PAIS DEMARCO, of Permanent Assembly for Human Rights, said the problem of forced labour affected 12.3 million persons, many in the Latin American region. The persistent phenomenon was of concern, as these people worked in conditions of servitude. There were thousands of Bolivian workers in Argentina who were subjected to harsh conditions and contemporary forms of slavery. Most of these were forced to work in the domestic sector, the textile industry, agriculture and construction, supposedly given lodging and transport, but with no way out of their situation. This affected mostly those who were already in situations of extreme vulnerability. The Argentine State should eradicate these practices.

MAHMOUDREZA GOLSHANPAZHOOH, of Iranian Elite Research Centre, said that the right to development was among the most pressing challenges today. The Iranian Elite Research Centre was of the view that today it was known that being oppressive not only targeted the present but also the future. It was now time to join hands and to think jointly about development and lasting peace. To this end, the Iranian Elite Research Centre recommended the establishment of an organ for international non-governmental organizations.

EMILE MARCHAL, of European Union for Public Relations, said that the annual report of the Special Representative of the Secretary-General on children and armed conflict highlighted in detail human rights violations against children in South Asia, particularly in Afghanistan, Iraq and Pakistan. The chief threat to children in conflict situations was terrorism. There was a need for common efforts to defeat terrorism and protect children from abuses by the Taliban and other extremists groups. They must stop recruiting children. Recognition of extremist groups by governments would be counterproductive.

STEPHAN CICCOLI, of World Peace Council, said that a large proportion of Afghan children did not go to school. The United Nations should take into account actions that harmed Afghan children including child recruitment and deploying child protection advisors with any future peace-keeping operation. The international community and civil society organizations should immediately take charge of the situation and help the Government to provide the protection of children by strictly implementing international conventions and national laws.

VICTOR ANCALAF, of International Association against Torture, said he spoke as a Mapuche and a former political detainee. He was condemned to imprisonment for five years under the anti-terrorist law and continued to be monitored by the repressive Chilean State Services. Despite the historical requests of his people, they continued to be crushed, beaten, tortured, and killed in their fight for the recuperation of their political and land rights. Representing his community, Mr. Llaupe encouraged the competent mechanisms of this Council to take the necessary steps to ensure that Chile respected the international norms of human rights and the fundamental liberties of the Mapuche people.

ORETTA. DI POPPIO, of France Libertés – Fondation Danielle Mitterrand, said the Sahrawi people were not enjoying their right to development and exploitation of natural recourses and wealth. The Western Sahara was listed as a non-autonomous territory, while Morocco was not on the list of administrating powers. Natural resources of the Western Sahara continued to be plundered by international investors under the favourable conditions granted by Morocco. How could the people of the Western Sahara enjoy their right to development when Morocco was granting authorisations for oil exploration and prospecting? Many companies of many nationalities were involved in exploiting phosphates and oil, such as Russian, Turkish, Irish, Australian, German, and other companies.

SYED FAIZ NAQSHBANDI, of International Human Rights Association of American Minorities, said six decades had elapsed since the Kashmiri people were promised the exercise of the right to self-determination by the United Nations, and the Security Council had determined many times that this would be undertaken following free and fair ballots under the aegis of the United Nations. The people of Kashmir demanded their right to self-determination through all peaceful means, but this was responded to by brutal Indian forces. As a result of Indian repression, Kashmir, once a place of peace, was a place of misery and sorrow, with death and destruction of the people. The international community and the United Nations should live up to its resolution, and if it had done so, it would have saved people from death, torture, and destruction. India should cease its violations in Kashmir.

Right of Reply

IDRISS JAZAIRY (Algeria), speaking in a right of reply, said the right to self-determination was not one linked to a specific point in time, but was an inalienable permanent right. Member States were held responsible to facilitate the right of peoples to decide their own fate, and to respect this, in conformity with the United Nations Charter. This did not undermine territorial integrity. The position of Algeria on the right to self-determination of the people of Western Sahara was identical to that affirmed by the General Assembly and the African Union, which called for efforts to be stepped up to allow peoples of the territory to choose between independence and integration into the Kingdom of Morocco.

Mr. U.L.M. JAUHAR (Sri Lanka), speaking in a right of reply, said that Sri Lanka regretted that the high standard of the debate on this agenda item had not been respected by a few non-governmental organizations which had been pursuing their own agenda. Further, regarding the intervention of the speaker of the delegation of Norway, Sri Lanka said that placing limits on discourses that could be destructive could be wise as there needed to be some limits. Sri Lanka requested that clear falsehoods that could lead to the incitement of hatred against countries that had been doing their best under difficult circumstance should not be not privileged.

OMAR HILALE (Morocco), speaking in a right of reply, said that the declaration made by Fondation Liberte interpreted in its own way the way natural resources were managed in Morocco. On the allegations contained in the statements on the legal opinion, Morocco said it was far from objective and called on the representative of the non-governmental organization to read the texts again. Morocco had allocated a significant budget for development of southern provinces and was far more than was invested by the colonial authorities in development of the region. To Algeria, Morocco said that they did not agree on that interpretation of the right to self-determination and that the United Nations Charter needed to be taken in its entirety.

General Debate on Human Rights Situations the Require the Council’s Attention

MOHAMMED I. HAIDARA (Nigeria), speaking on behalf of the African Group, said the Council had been mandated to respond promptly to human rights emergencies, and to situations of violations of human rights. Agenda item four on human rights situations that required the Council’s attention offered an opportunity for Member States and observers to raise human rights situations all across the globe, and the Group wished to offer its concerns for the victims of human rights violations all across the world, in particular the situation of human rights defenders and those suffering from racism and racial discrimination, who suffered from hostile attitudes. Refugees, migrants and asylum-seekers suffered from racism and racial discrimination in many areas, and many political parties used racist and xenophobic rhetoric to gain and retain power. Various national, regional and global efforts had been made over the years to address this scourge. Donor countries should fulfil commitments on desired technical assistance and assist developing countries, especially least developed countries, to overcome poverty. There was a consistent pattern of human rights violations linked to the detention, reception and deportation of foreign nationals. In some cases, asylum-seekers were forcibly deported to countries where they were at risk of human rights violations.

HANS DAHLGREN (Sweden), speaking on behalf of the European Union, said that improving the respect for human rights was a joint responsibility, and addressing gross human rights violations was crucial for the credibility of this Council. The European Union remained concerned about gross violations of human rights in all parts of Sudan and urged the Government of Sudan to cooperate with the new independent expert. As for Zimbabwe, there was a new opportunity to bring the country back to the path of democracy. Regarding the human rights situation in Somalia, the European Union remained concerned and looked forward to further discuss this issue with the Special Rapporteur. Further, the rights of all detainees needed to be fully protected. The European Union also renewed its call on Cuba to reduce its limitations to freedom of expression and association. Finally, the European Union encouraged the important progress that had been made with regard to the Afghani women.

JEAN-BAPTISTE MATTEI (France) said that the situation in Burma/Myanmar remained of a deep concern and the recent liberation of several prisoners fell far short from expectations. France particularly deplored the house arrest of Aung San Suu Kyi and called for the immediate and unconditional release of all political prisoners. The human rights situation in Iran was of a major concern, where thousands of people were arrested for peacefully demonstrating. Human rights defenders, particularly women of the “A Million Signatures Campaign”, were subjected to harassment. The death penalty was applied widely, sometimes against minors. Despite the end of the civil war, the situation in Sri Lanka continued to be worrying and tens of thousands of internally displaced persons were still held in camps where humanitarian organizations had limited access. Human rights defenders encountered obstacles in many countries including Russia, Uzbekistan, Zimbabwe and the Democratic Republic of the Congo.

ROBERT-JAN SIEBEN (Netherlands) said the Netherlands continued to be concerned about the human rights situation in Iran, particularly the excessive post-election violence, the high number of arbitrary arrests, and the mass trials and detentions of those individuals who had merely exercised their rights peacefully in the aftermath of the elections. Iran should end the harassment, intimidation and persecution of political opponents, human rights defenders, academics and journalists, and release all persons imprisoned arbitrarily or on the basis of their political views. The Netherlands was concerned about the large-scale use of the death penalty, and called upon the Iranian authorities to abolish this. The Netherlands was concerned that the Law on Personal Affairs of the Followers of Shia Jurisprudence in Afghanistan was not amended in such a way that complied with international human rights obligations and conventions, or the Afghan Constitution. The Netherlands continued to call on the Government of Sri Lanka for an independent and credible investigation into alleged violations of humanitarian and human rights law. The Netherlands remained concerned about the human rights violations in Zimbabwe, and stressed the urgency for the implementation of legal reform.

BENTE ANGELL-HANSEN (Norway) said the promotion and protection of all human rights was a legitimate concern of the international community and Norway viewed the agenda item 4 as an important part of the mandate of this Council. Further, Norway remained deeply concerned regarding the continued detention and imprisonment of peaceful demonstrators, opposition politicians and journalists in Iran, and urged the Iranian authorities to release these people. Norway also condemned the gross and systematic violations of human rights in Myanmar. As for Kenya, the human rights situation remained of concern since numerous reports had documented a pattern of human rights violations in which state security agencies were the perpetrators. Further, consistent and intensified efforts were needed to ensure the respect of Sudan’s Comprehensive Peace Agreement. Regarding Afghanistan, Norway said that it was an important step for the Afghan democracy that the elections actually took place as scheduled.

PETER GOODERHAM (United Kingdom) was deeply concerned by the deteriorating human rights situation in Iran and in particular the increase in executions and ongoing efforts to suppress freedom of expression and association. The United Kingdom strongly condemned the violent reaction of the Iranian authorities towards peaceful protestors and the post-election violence in Iran. The United Kingdom condemned the continued denial of the fundamental rights of the people of Myanmar and deplored the sham trial and sentencing of Aung San Suu Kyi. Her exclusion from the political process, along with around 2,000 other political prisoners meant that elections planned for 2010 could have no credibility. In Fiji, access to justice, freedom of information and association and the rights of detainees had all been curtailed and the regime’s roadmap to democracy was not supported by political parties. In Sri Lanka the United Kingdom remained concerned about the situation of internally displaced persons and stood ready to support the Government in fulfilling its commitments to ensure the return of the majority of internally displaced persons before the end of the year. The United Kingdom shared concern about the situation in the Democratic People’s Republic of Korea, Democratic Republic of the Congo, Somalia, Sudan and Zimbabwe and said that those and other countries could benefit from the attention of the Council and the assistance of the international community.

AKIO ISOMATA (Japan) said Japan firmly believed that the protection and promotion of human rights should be based on the principles of cooperation and genuine dialogue. The Human Rights Council had the responsibility to address violations of human rights that required the Council's attention, including gross and systematic violations. Japan was deeply disappointed at the announcement that Aung San Suu Kyi would be under house arrest for another one and a half years. Japan had been urging the Government of Myanmar to release all political prisoners immediately, and to proceed with democraticisation with the participation of all parties concerned. As for Sri Lanka, Japan believed that it was indispensable for the Government to promote national reconciliation through a political process, and to take continuous measures for assistance and resettlement of the large numbers of internally displaced persons, in accordance with international human rights and humanitarian laws. Regarding the situation in the Democratic People's Republic of Korea, it was regrettable that the human rights situation had not improved, despite the serious concerns continuously expressed by the international community. The forthcoming Universal Periodic Review in December would provide an opportunity for the Democratic People's Republic of Korea to work for the improvement of its human rights situation.

HECTOR RAUL PELAEZ (Argentina) said Argentina would like to draw attention to the recent events in Honduras. The history of Latin America did not leave much room for the interpretation of such situations. The United Nations had reacted quickly by condemning the coup d’Etat and making efforts for the re-establishment of President Zelaya. Argentina once again expressed its most outright condemnation of the constitutional breakdown of democracy in Honduras and called for its restoration, which was the only means to best realize the enjoyment of human rights in that country.

XAVIER BAERT (Belgium) said that grave violations of international humanitarian law and human rights violations against civilian populations, refugees and internally displaced persons in Sudan must be brought to an end and must not go unpunished. In Iran, individuals were targeted simply for exercising their rights to freedom of expression, association and manifestation during the post-election period. Belgium was concerned by the raids by Iraqi forces in Camp Ashraf and said that use of force must be proportional and must respect internationally agreed standards. Grave and systematic human rights violations in Myanmar were of a serious concern. Belgium called on the Government to release all political prisoners and prisoners of conscience, including Aung San Suu Kyi. There was a humanitarian disaster in the Democratic Republic of the Congo. Women and children were most latent victims of the conflict. Belgium called on the international community to bring an end to violations of international humanitarian law and to fight impunity. In Colombia, despite improvements, violations continued and Belgium called on the Government to stop executions, forced disappearances and torture, regardless of whether committed by the armed forces or the paramilitary groups.

QIAN BO (China) said there were consistent violations of human rights in the Member States of the European Union, where Roma and other ethnic minorities were discriminated against and treated unfairly in many countries. Foreign migrants were also discriminated against, and their human rights not safeguarded. Incitement to religious hatred was also widespread. The European Union should reflect on the root causes for this and take immediate action to remedy the situation and ensure human rights for all, including economic, social and cultural rights. There were double standards in many fields, including the fight against terrorism. In the past six decades, China had found the path of development with Chinese characteristics. Fundamental changes had taken place in the political, economic and social landscape, and there was progress on human rights, which would not be denied. The Government had adopted measures to fend off the international financial crisis, and was now implementing its first biennial human rights Action Plan. China faced huge challenges in its modernisation drive, and this was incomparable to any country. This was the correct and appropriate path, and China would not divert from this, continuing to engage with all countries in these undertakings, and would continue to promote the Human Rights Council as a platform for constructive dialogue.

DOUGLAS M. GRIFFITHS (United States) said the United States remained deeply concerned about the plight that many people around the world faced in exercising the right of free expression or assembly, and about the many prisoners of conscience. The United States was pleased that the Council extended the mandate for Sudan in June and looked forward to the extension of the mandates for Cambodia and Somalia at this Session. It also remained deeply concerned about the manner in which the Iranian Government handled protests by its population following the June presidential election, and called on Iran to live up to its international obligations to promote and protect human rights and fundamental freedoms. In Russia, the United States was concerned about the killings with impunity of human rights defenders and journalists in the North Caucasus. In Fiji and Honduras, the United States called on authorities to work with the international community to restore the legitimate democratic constitutional systems. Finally, the leaders of the unconstitutional Governments in Guinea and Madagascar should step down.

MARIANA OLIVERA WEST (Mexico) expressed Mexico’s concern about the human rights situation in Honduras following the unconstitutional changes in June. Mexico condemned the coup d'état and the human rights violations which that anti-democratic action had generated, all of which were documented. Mexico heard about the cases of intimidation of human rights defenders, judges and journalists which made it difficult to investigate the human rights violations in Honduras. Mexico asked for re-establishment of the constitutional order and respect of human rights. It called upon the international community to increase its efforts to that end.

MARIA DEL CARMEN HERRERA CASEIRO (Cuba) said there were numerous human rights situations in the world which did not have the visibility or the priority that their urgency and gravity required. This was an unacceptable and grave reality. They were often not even referred to in the rhetoric of the Western powers: poverty was becoming chronic at the global level, and basic rights such as education, health and food, among others, were denied to marginal groups, and for millions of people affected by desperation and insecurity generated by the economic and social crisis. The Cuban people were affected by an illegal and genocidal policy of blockade. Expressions of hypocrisy were intolerable when it came to actions by certain powers. They were opportunistic, and should be held accountable for their practices of torture, extraterritorial abductions, and terrorism. An end should be put to the shameful scandal of Abu Ghraib. The great majority of the Member States of the European Union, in particular Sweden and the Czech Republic, had been places where extraterritorial flights had touched down.


For use of the information media; not an official record

HRC09108E