HUMAN RIGHTS COUNCIL HEARS PRESENTATIONS OF REPORTS OF ADVISORY COMMITTEE, FORUM ON MINORITY ISSUES AND SOCIAL FORUM

The Human Rights Council this afternoon heard presentations of the reports of its subsidiary bodies: the Advisory Committee, the Forum on Minority Issues and the Social Forum, and then held a general debate on human rights bodies and mechanisms.

Halima Embarek Warzazi, Chairperson of the Human Rights Council Advisory Committee, presenting the third and fourth session reports of the Advisory Committee, said the Committee had spared no effort to bring to a fruitful end the tasks which had been given to it by the Council. Six recommendations had been transmitted to the Council for its consideration and assessment. During the period, the priority of the Committee had been given to requests stemming from Human Rights Council resolutions, and the Committee had made considerable progress on all the mandates it had been given. Among others, the Committee had considered the draft declaration on human rights education and training as the first item in its order of the day, and new suggestions had been made - the revised text had been incorporated into a recommendation for the Council.

Gay McDougall, Independent Expert on minority issues, said resolution 6/15 of the Council had established the Forum on Minority Issues and requested the Independent Expert on minority issues to guide the work of the Forum and prepare its annual meetings. The recommendations of the first Forum had been widely disseminated and were very well received, while the task of promoting their implementation remained ongoing. The second session of the Forum had been held in Geneva last November, under the thematic focus of minorities and effective political participation. Over 500 individuals were accredited to participate and minority political actors from all regions of the globe had shared their wealth of experience. Delegates from over 45 Member States had also participated, as well as over 100 non-governmental organizations.

Andrej Logar, Chairperson-Rapporteur of the Social Forum, said the 2009 Social Forum had succeeded in fulfilling its function as a vital space for dialogue, having experienced an almost 200 percent surge in participation in 2009. During that year it had focused on three main themes: national anti-poverty programmes: best practices of States in implementing social security programmes from a human rights perspective; the negative impacts of the economic and financial crisis on efforts to combat poverty; and international assistance and cooperation in combating poverty. For further clarity and focus on those three themes, the Forum had elaborated on them along a range of lines including: a human rights perspective on a social protection floor and ways to address the social protection gap; best practices by States in implementing social security programmes from a human rights perspective; the role of civil society in improving the availability and efficacy of social protection systems; and strengthening the effectiveness of international assistance and cooperation in combating poverty.

In the general debate on the Council’s human rights bodies and mechanisms, speakers said
Special Procedures were a means to enhance the protection and promotion of human rights in all parts of the world. They played a fundamental and invaluable role thanks to their expertise, independence, impartiality and capacity to report both on positive developments and good practices and on violations of human rights at the international level, advocating for those who otherwise would not be heard. Concern was expressed about the insufficient cooperation of some States with the Special Procedures, especially by not accepting requests for visits, and speakers urged all States to extend an open and standing invitation to the Special Procedures and to fully cooperate with them in order to achieve the constructive collaboration that was accepted. Speakers hoped that the themes for the upcoming Social Forum would continue to add value to the poverty-eradication work of the Council and deal with global issues from a human rights perspective. The Social Forum report also addressed the issue of the financial crisis and its impact on poverty alleviation, as well as the need for global economic reform. Speakers supported the recommendation for a meaningful restructuring of the international financial system, and agreed that trade rules and agreements could do more to help countries achieve their development and poverty alleviation objectives. Debt relief measures for heavily-indebted poor countries also demanded further consideration. Developed countries should continue to provide resources and support to less developed countries, particularly in areas such as climate change. The draft declaration on human rights education and training was supported as it was essential to instil a human rights culture in all young people and in law enforcement personnel. It was up to Government delegations to consider the draft and send a clear message to the international community that human rights education and training was a priority and needed to be reinforced so that all women and men enjoyed their rights. The work of the Forum on Minority Issues was welcome, and its work and recommendations were quite topical. It should chose as a theme for further work the respect for the rights of minorities in the context of arbitrary deprivation of citizenship, a topic which deserved the attention of the Forum.

Speaking in the general debate were the European Union, Pakistan on behalf of the Organization of the Islamic Conference, Nigeria on behalf of the African Group, Sudan on behalf of the Arab Group, Morocco on behalf of the Platform for Human Rights in Education and Training, Brazil, Indonesia, Argentina, China, Russian Federation, Burkina Faso, Ghana, Cuba, Slovenia, Japan, the United States, Norway, Bangladesh, Republic of Korea, Canada, Switzerland, Luxembourg, Austria, Venezuela, Kuwait, Libya and Armenia.

The following non-governmental organizations also took the floor: International Coordinating Committee of National Human Rights Institutions, Advisory Council on Human Rights of Morocco, Soka Gakkai International, International Movement ADT Fourth World, Federacion de Asociaciones para la Promocion y Defensa de los Derechos Humanos, European Union for Public Relations, Interfaith International, World Alliance for the Citizen Participation, Centre de Recherche sur les Droits et les devoirs de la Personne Humaine, Syriac Universal Alliance, Centre Europe, Tiers Monde-Third World Centre, International Society for Human Rights, Liberation, Amnesty International, Association for World Education, Mbororo Social and Cultural Development Association, Cairo Institute for Human Rights Studies, International Institute for Non-Aligned Studies, World Union for Progressive Judaism, World Association for the School as an Instrument of Peace, International Club for Peace Research, North-South XXI, Indian Movement Tupaj Amaru, Universal Esperanto Association, Azerbaijan Women and Development Centre, and Indian Council of South America.

The next meeting of the Council will be held at 10 a.m. on Wednesday, 17 April, when it will starts its consideration of the outcomes of the seventh Universal Periodic Review session, starting with the outcomes on Eritrea, Cyprus and the Dominican Republic.

Reports

The preliminary study of the Human Rights Council Advisory Committee on discrimination in the context of the right to food (A/HRC/13/32) presents example of discrimination, focuses on anti-discriminatory polices and strategies and addresses good practices currently being implemented by States and other actors with regard to ensuring non-discrimination in the enjoyment of the right to food.

The Draft Declaration on Human Rights Education and Training (A/HRC/13/41) (contained in A/HRC/AC/4/4, under recommendation 4/2, Annex), sets out definitions and principles, as well as implementation measures at the country and the international levels.

The report of the Human Rights Council Advisory Committee on its third session (A/HRC/13/49) is contained in document (A/HRC/AC/3/2). The report contains a list of recommendations adopted by the Advisory Committee at its third session, as well as a complete report of the Advisory Committee’s third session.

The report of the Human Rights Council Advisory Committee on its fourth session (A/HRC/13/50) is contained in document (A/HRC/AC/4/4). The report contains a list of recommendations adopted by the Advisory Committee at its fourth session, as well as a complete report of the Advisory Committee’s fourth session.

The recommendations of the second session of the Forum on Minority Issues on minorities and effective political participation (12 and 13 November 2009) (A/HRC/13/25), which focused on the issue of minorities and effective political participation, are action-oriented and aimed at increasing the inclusion and recognition of minorities within the State, while enabling them to maintain their own identity and characteristics, thus promoting good governance and the integrity of the State.

The report of the 2009 Social Forum (Geneva, 31 August–2 September 2009) (A/HRC/13/51) contains a summary of discussions and recommendations of the 2009 Social Forum on three main issues: the negative impact of the economic and financial crises on efforts to combat poverty; national anti-poverty programmes; and international assistance and cooperation in combating poverty.

Presentation of Reports of Advisory Committee, Forum on Minority Issues and Social Forum

HALIMA EMBAREK WARZAZI, Chairperson of the Human Rights Council Advisory Committee, presenting the third and fourth session reports of the Advisory Committee, said the Committee had spared no effort to bring to a fruitful end the tasks which had been given to it by the Council. Six recommendations had been transmitted to the Council for its consideration and assessment. During the period, the priority of the Committee had been given to requests stemming from Human Rights Council resolutions, and the Committee had made considerable progress on all the mandates it had been given. It had considered the draft principles and guidelines on persons affected by leprosy which had been requested by the Human Rights Council, and an initial version of the revised draft had been transmitted to the Council. During its fourth session, the Committee had considered the draft declaration on human rights education and training as the first item in its order of the day, and new suggestions had been made - the revised text had been incorporated into a recommendation for the Council. This draft declaration was the result of a fortunate initiative of the members of the platform on human rights education and training.

The third document on the order of the day of the third session was the draft rules of procedure. The text regulated the modalities and functioning of the Advisory Committee. The Committee also decided to list its methods of work, including best practices, so as to be able to contribute to the work of the Council. On disappeared persons, the Council had adopted decision 9/101 which requested the Advisory Committee to conduct a study on the best practices with regard to disappeared persons, and the Committee had established a drafting group and had been able to consider the interim study at its fourth session. During the discussion, Governmental observers considered that decisions were fundamental, that terrorism should not be considered as part of an armed conflict, and the definition of a disappeared person should be clearly limited. The Committee approved an interim study which would be submitted to the fourteenth session of the Council. An exchange of views and productive discussions were held on a range of issues, responding to Council resolutions, including on the rights of women, the promotion of a democratic and equitable international order, and the rights of persons with disabilities. The Committee also identified certain topics likely to retain the attention of the Council - the rights of the elderly, and the right to peace.

GAY MCDOUGALL, Independent Expert on Minority Issues, said resolution 6/15 of the Council had established the Forum on Minority Issues and requested the Independent Expert on minority issues to guide the work of the Forum and prepare its annual meetings. The recommendations of the first Forum had been widely disseminated and were very well received, while the task of promoting their implementation remained ongoing. The second session of the Forum had been held in Geneva last November, under the thematic focus of minorities and effective political participation. Over 500 individuals were accredited to participate and minority political actors from all regions of the globe had shared their wealth of experience. Delegates from over 45 Member States had also participated, as well as over 100 non-governmental organizations. Inclusion was good for societies at large, not just for those that had been previously left out. Creating the conditions for the effective participation of minorities should be considered by States as an integral aspect of good governance. The right to effective participation was a fundamental human right. It also underpinned the realization of all other rights of persons belonging to minorities. Central to their effort to ensure the political participation of minorities was the right to non-discrimination and the obligation of States to undertake positive measures, where necessary, to achieve a status of equality for all.

Ms. McDougall said that persons belonging to minorities should also be given the means to participate effectively in the social and economic spheres of their societies. The content of the right to vote was significantly diminished if the right to education was denied. Public participation also took many forms, such as the right to take part in the conduct of public affairs, the right to vote and to be elected and the right to have access to public services. It entailed participation in all governmental bodies, the judiciary and agencies of the criminal justice system. Many situations around the world and good practices implemented by States demonstrated that an adequate representation of persons belonging to minorities in policy and decision-making structures could be instrumental in breaking the cycle of discrimination and exclusion. Minorities were however vastly underrepresented in the political processes and governing institutions of most countries. The Forum had produced thematic recommendations that were action-oriented and aimed at increasing the inclusion and recognition of minorities within the State. In addition to States, the recommendations were also directed to a range of other important stakeholders, including political parties, national human rights institutions, civil society and United Nations human rights mechanisms and United Nations agencies.

ANDREJ LOGAR, Chairperson-Rapporteur of the Social Forum, said the 2009 Social Forum had succeeded in fulfilling its function as a vital space for dialogue, having experienced an almost 200 percent surge in participation in 2009. During that year it had focused on three main themes: national anti-poverty programmes: best practices of States in implementing social security programmes from a human rights perspective; the negative impacts of the economic and financial crisis on efforts to combat poverty; and international assistance and cooperation in combating poverty. For further clarity and focus on those three themes, the Forum had elaborated on them along a range of lines including: a human rights perspective on a social protection floor and ways to address the social protection gap; best practices by States in implementing social security programmes from a human rights perspective; the role of civil society in improving the availability and efficacy of social protection systems; and strengthening the effectiveness of international assistance and cooperation in combating poverty. Based on numerous conclusions and recommendations that had arisen from the rich dialogue, the Rapporteur pointed out five in particular.

Firstly the Forum had highlighted that the forthcoming Millennium Development Goals Review Summit in September would be an important opportunity for the Human Rights Council to influence the process. Secondly, since it was taking place in the midst of the deepest economic and financial crisis that had occurred since the Great Depression, the Forum had emphasized the need for a meaningful reform of international economic and financial systems and international financial institutions. That would significantly contribute to efforts by the international community to combat poverty. Thirdly, the Forum had also stressed the importance of implementing the universal right to social security. It had been underscored that that right was a human right under Article 22 of the Universal Declaration of Human Rights and that the provision of it was a State obligation under the International Covenant on Economic, Social and Cultural Rights. Fourthly, the Forum had emphasized the necessity for comprehensive debt relief measures, which were essential for heavily indebted poor countries. It had been suggested that the United Nations Conference on Trade and Development proposal for a debt moratorium as an interim measure for dealing with the crisis should be further explored. Fifthly, the Social Forum also underscored the importance of continuing work on developing effective means of enhancing economic, social and cultural rights.

In that context two areas had been highlighted: efforts to develop the draft guiding principles on extreme poverty and human rights and that further work should be undertaken to clarify the framework on human rights indicators conceptually; applying them to measure the impact of policies to combat poverty among vulnerable groups and, to monitor the progressive realization of economic, social and cultural rights. To conclude, Mr. Logar drew the Council’s attention to three matters: firstly, in fulfilling its role there had been suggestions that the Forum should take place just before or just after the Human Rights Council. Secondly, on the Forum’s team, he stressed the need for close cooperation among all stakeholders. Thirdly, they had to institute a mechanism according to which the new Rapporteur of the next Social Forum would be nominated during a Council’s session in which the report of the previous Forum was being considered.

General Debate on Human Rights Bodies and Mechanisms

JUAN VILLAR ESCUDERO (European Union) said the European Union attached the utmost importance to the Human Rights Council system of Special Procedures as a means to enhance the protection and promotion of human rights in all parts of the world. They played a fundamental and invaluable role thanks to their expertise, independence, impartiality and capacity to report both on positive developments and good practices and on violations of human rights at the international level, advocating for those who otherwise would not be heard. The European Union was concerned about the insufficient cooperation of some States with the Procedures, especially by not accepting requests for visits, and urged all States to extend an open and standing invitation to the Procedures and to fully cooperate with them in order to achieve the constructive collaboration that was accepted. The European Union was also troubled by the increasing limitations placed on country mandates and the discontinuation of such mandates. The European Union regretted that the Complaints Procedure was not working satisfactorily. On the Advisory Committee, there had been a lack of effective coordination among experts and between sessions. The European Union was pleased that the second session of the Forum on Minority Issues was well attended, and welcomed the report. The European Union followed with interest the discussions during the 2009 Social Forum session.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference attached importance to the rights of persons belonging to national, ethnic, religious and linguistic minorities, and it fully supported their effective participation in the national political processes. Recommendations put forward by the Social Forum provided guidance to ensure adequate minority participation at local, national and regional levels. Electoral systems or electoral boundaries must also be designed to strengthen political participation of minorities, and the Organization of the Islamic Conference supported the recommendation that political parties should adopt codes of conduct to prohibit inflammatory racist rhetoric and racist political platforms during campaign and non-election times. The Organization of the Islamic Conference also welcomed the successful conduct of the Social Forum, and underscored that the Forum had provided a space where a number of stakeholders entered into frank dialogue in an integrated manner. The Organization of the Islamic Conference hoped that the themes for the upcoming Social Forum would continue to add value to the poverty-eradication work of the Council and deal with global issues from a human rights perspective.

OSITADINMA ANAEDU (Nigeria), speaking on behalf of the African Group, congratulated Ms. Warzizi for the report of the Advisory Committee. In that regard, the African Group was encouraged by the work of the Advisory Committee. It welcomed various recommendations made by the Advisory Committee. Of great importance to the African Group was the draft United Nations declaration on human rights education and training. The African Group recognized the right to education and believed that it should be implemented both as a means of promoting and ensuring respect for all human rights. It hoped that when it was eventually adopted, all States would be in a position to include human rights and humanitarian law in the curricula of their learning institutions. The African Group supported all negotiations on the draft and its possible adoption. It was encouraged by the emphasis on the effects of the global financial and economic crisis on developing countries.

HAMZA OMER HASSAN AHMED, (Sudan), speaking on behalf of the Arab Group, said the importance of human rights education and training could not be neglected as the necessary approach to spread the culture of and belief in human rights. The Arab Group was determined to contribute to the effective adoption of this draft declaration on human rights education and training in a short period of time. The Arab Group believed in human rights education as a necessary tool to promote human rights in the daily life of Arabs, which was why in 2007 the Arab League had adopted a decision that drew up an action plan for Arab human rights education, and some Arab States had begun to implement it in 2009, which would continue until 2014 on three basic axes: education, training, and awareness-raising in all educational, social and vocational institutions. There was also a Comprehensive Arab Plan to spread human rights, giving a primordial role to human rights education and training. The Arab Group supported the Draft Declaration on human rights education and training, as it was essential to instil a human rights culture in all young people and in law enforcement personnel.

OMAR RABI (Morocco), speaking on behalf of the Platform for Human Rights in Education and Training, said the draft declaration on human rights education and training fitted in perfectly with the objectives of that initiative, that was to draw up a clear and concise declaration that was accessible to everybody and included the definitions, principles and general orientations for the implementation of human rights education and training at national, regional and international levels. The inclusion of the concept of the right to human rights education and training was also highly interesting. However, Morocco was of the view that that right was not a new right but rather resulted from the right to education, of which it was an integral part. The Moroccan delegation further underscored that all delegations should keep in mind that the ultimate objective of the declaration was not to nourish a theoretical debate but, quite to the contrary, that it should allow implementing human rights education and training in all regions of the world. It was up to Government delegations to consider the draft and send a clear message to the international community that human rights education and training was a priority and needed to be reinforced so that all women and men enjoyed their rights.

OTAVIO DRUMONT CANCADO TRINDADE (Brazil), commenting on the report of the fourth session of the Advisory Committee, said Brazil commended the Committee’s ongoing study on discrimination in the context of the right to food. The Committee had included a chapter on the role of agricultural subsidies as a form of discrimination in the realization of the right to food. The long-term effects of this practice were worrisome. Agricultural subsidies affected food security and the livelihoods of numerous smallholders. Brazil also commended the Advisory Committee for including a chapter on good practices in food security and good education systems. In order to prevent discrimination to the right to food, Congress had approved a constitutional amendment. That was a crucial legal protection to ensure the right to food for all, free from discrimination. Brazil commended the work of the Committee in drafting the declaration on Human Rights Education and Training, adding that education was important to prevent human rights violations.

MUHAMMED ANSHIER (Indonesia) said Indonesia welcomed the findings and recommendations of the Social Forum report and was encouraged by the increasing levels of dialogue between Member States and civil society organizations. Poverty eradication and the protection of human rights must remain a priority for the international community, and it was therefore important that all voices be heard. Social security provisions were essential to all citizens, particularly the most vulnerable groups of society, and it should not be seen as a gesture of good will, but rather as a fundamental responsibility of all States to ensure the welfare of their citizens. Since the enactment in 2004 of the law on the National Social Security System, Indonesia had made substantial progress in the reform and revision of the existing national social security programme. The Social Forum report also addressed the issue of the financial crisis and its impact on poverty alleviation, as well as the need for global economic reform. Indonesia supported the recommendation for a meaningful restructuring of the international financial system, and agreed that trade rules and agreements could do more to help countries achieve their development and poverty alleviation objectives. Debt relief measures for heavily-indebted poor countries also demanded further consideration. Developed countries should continue to provide resources and support to less developed countries, particularly in areas such as climate change.

GONZALO M. JORDAN (Argentina) said with regard to the preliminary study of the Advisory Committee on discrimination within the context of the right to food, that document recognized the implications of the agricultural subsidies of developed countries on developing countries. In that regard, Argentina underscored that developed countries’ distorted agricultural policies had contributed to the global food crisis and negatively affected the enjoyment of the right to food. Realizing the right to food meant by necessity that food was sufficiently available, whether it was locally produced or imported. To that end, the relevant national measures must be based on the norms, directives and recommendations elaborated by international organizations, as well as on scientific evidence and comprehensive evaluation.

HU MIAO (China) said China supported the Advisory Committee’s thematic studies. Hunger was one of the most inhumane phenomena. China expressed its appreciation for the draft declaration on the right to food. The 2009 Social Forum report had explored the practice of implementing social security measures to alleviate the effects of the global economic crisis. That was crucial for realizing all rights. On addressing minority issues, China stressed that there was no “one size fits all” model. It shared its experience in ensuring the rights of minority groups in the management of affairs at the local and national level. China ensured that State organs of power had enough representatives of minorities who could take part in State and local affairs.

EVGENY KASIYANOV (Russian Federation) said the Russian Federation noted the important contribution made to the Human Rights Council by its subsidiary bodies. The Advisory Committee was thanked for its active and productive work - unfortunately, in some cases, its results were not fully consistent with the Council's expectations, or with the tasks that the Council had set it. In this context, the draft declaration on human rights education and training required further work. The activities of the Committee should be conducted fully in coordination with the Human Rights Council resolution establishing it, and its work should be done accurately and on time. The work of the Forum on Minority Issues was welcome, and its work and recommendations were quite topical. It should chose as a theme for further work the respect for the rights of minorities in the context of arbitrary deprivation of citizenship, a topic which deserved the attention of the Forum. The Social Forum was thanked for its report, and, within its mandate, it must continue to discuss issues related to the realization of economic, social and cultural rights. States should give appropriate attention to the topic of the subsidiary bodies of the Council in the context of the upcoming review of the activities of the Council.

CLARISSE MERINDOL OUOBA (Burkina Faso) said the results of the work of the Advisory Committee showed the serious attitude of the experts involved. The finalization of principles and guidelines aimed at improving the situation of discrimination against people affected by leprosy and their families was highly appreciated by Burkina Faso. It welcomed the initiative of the Committee to hold a discussion on the human rights of the elderly, and also appreciated the work the Committee had undertaken in that regard. Ensuring better protection of the elderly was one of the concerns of Burkina Faso which had in place a directorate for such persons at its Ministry for Social Affairs and National Solidarity. To respond effectively to the needs of the elderly, Burkina Faso wished that the existing study would be extended to initiatives that had been implemented at regional and national levels in order to integrate the realities that elderly people experienced in different contexts.

MERCY YVONNE AMOAH (Ghana) said in light of the call on the Council to do more to address issues relating to economic, social and cultural rights, including the right to development, Ghana was pleased with the establishment of the Social Forum, which provided an interactive platform for discussing efforts to combat poverty and to enhance international cooperation by stakeholders. Ghana welcomed the Social Forum’s report for 2009. The Special Procedures mechanism complimented the work of the Council since, among other things, they could make proposals for addressing various human rights situations in countries around the globe. It also appreciated their role as an early warning mechanism. Efforts had to be made to ensure that activities envisaged within the mechanism were not perceived as politicised or patronizing considering they were dealing with sovereign States. Ghana called on the Council to ensure the provision of resources to enable mandate holders to perform their functions effectively.

JUAN QUINTANILLA (Cuba) said the Council had paid tribute to the deceased Advisory Committee Expert, Miguel Alfonso Martinez, and this was appreciated. The Advisory Committee in its second year had focused on its mandate, in keeping with the will of the Council. The study on discrimination in the context of the right to food was very interesting, and Cuba agreed with the Committee that this needed to be extended to the situation of farmers. Equally interesting were the studies on the rights of the elderly and others. The financial and economic crisis continued to have an impact on the realization of fundamental human rights, but other phenomena had hampered the enjoyment of such rights - the rapid climate change would have a negative impact on human rights. Cuba was prepared to present a draft resolution on the Social Forum, and would suggest that it should consider the impact of climate change on human rights. Cuba would like to suggest that there be the broadest participation of non-governmental organizations and civil society organizations from the poorest countries. Cuba was committed to the success of the work of the Social Forum and the Advisory Committee, two key elements in the realization of the work of the United Nations in realising human rights for all.

MARKO HAM (Slovenia) noted that Slovenia had co-sponsored resolution 6/16 of the Human Rights Council, establishing the Forum on Minority Issues. After two sessions of the Forum, Slovenia was convinced that the decision to establish it had been correct. Slovenia had had positive experiences with different forms of effective political participation of traditional national communities that had developed over the past few decades at both the State and the local level. Those experiences included the direct representation of minorities in the National Assembly; the Commission for the National Communities of the National Assembly; the Government Commission for the National Communities; the Roma Community Council of Slovenia; self-governing national communities; and municipal commissions on ethnic issues and minority representation in the municipal councils. Slovenia proposed that the Forum on Minority Issues examine at one of its future sessions the fulfillment in good faith of the obligations and commitments that States had assumed under international treaties and agreements to which they were parties.

AKIO ISOMATA (Japan) said that, as the main sponsor of the resolutions on the elimination of discrimination against persons affected by leprosy and their family members, Japan wanted to express its appreciation to the members of the Advisory Committee for their dedicated work, especially the development of the draft set of principles and guidelines on the elimination of discrimination against persons affected by leprosy and their family members. Japan was confident that the Advisory Committee would be able to finalize the draft set of principles and guidelines reflecting the comments of all stakeholders in time to submit it to the Council’s fifteenth session.

JOHN MARIZ (United States) appreciated the report of the Advisory Committee and the Forum on Minority Issues. The United States agreed that human rights education and training was linked to the enjoyment of human rights. People could only effectively exercise human rights that they understood. The United States had been pleased to take part in the second Forum on Minority Issues, and welcomed the practical, action-oriented approach of its recommendations. It also appreciated the role of the Forum as a space for open dialogue between Member States, civil society and intergovernmental organizations, and recognized the important role that social protection systems could play in responding to the global economic crisis. In that regard, the United States had appreciated the Forum’s mention of the International Labour Organization’s Global Jobs Pact.

GEIR SJOBERG (Norway) highlighted that the Independent Expert on minority issues had stated that participation of minorities could take place in many forms and be implemented through a number of mechanisms at local, national and international level. Norway’s experience was that minority groups met different obstacles when it came to effective participation in decision-making processes. In that regard, it was the responsibility of authorities to find mechanisms of participation that suited the needs of the specific minority group, which should be developed in close dialogue with the group itself. Minority groups in Norway were protected by different international legal instruments, depending on whether the groups in question were regarded as indigenous peoples, national minorities or immigrants. Various forms of dialogue had been established between the minority groups and the authorities. In order to empower the minorities as a dialogue partner, public grants were awarded for self-organization and to minority institutions. A Contact Forum between the national minorities and the authorities had been established in 2003 to meet the right to effective participation. However, due to the diversity and various interests among the national minorities it was challenging to make the dialogue in the Forum fruitful for all groups.

MOHAMMED NORE-ALAM (Bangladesh) said that investment in the social sector helped the poorest to exit the vicious circle of poverty. The Government of Bangladesh was therefore investing in education and development. Priority had also been given to social welfare activities. Landless and homeless families were receiving the help of welfare services. Bangladesh had made commendable progress and was making its best efforts to be on track to meet the Millennium Development Goals by 2015.

TAE-ICK CHO (Republic of Korea) said the impact of rapid growth in population ageing aggravated the infringement of the human rights of older persons, including unequal treatment or denial of basic rights, especially in the context of chronic poverty, violence and abuse. Yet, national and international efforts over the past few decades to advance the well-being of older persons had mostly been limited to care and maintenance in family settings. In short, the welfare and development-oriented approach had prevailed. In that vein, the Human Rights Council needed to take the initiative to lead discussions on the human rights of older persons. The Republic of Korea welcomed the Human Rights Council Advisory Committee’s efforts in raising the ageing issue accordingly in the context of human rights. The Republic of Korea reiterated its firm commitment to cooperate with all relevant stakeholders to advance the human rights of older persons.

ALISON LECLAIRE CHRISTIE (Canada), speaking also on behalf of Australia and New Zealand, said that their delegations recognized the importance of human rights education and training as a means of fostering a universal culture of human rights. In order for human rights to be fully realized, it was important that everyone be made aware of their own rights and be sensitized to those of others. For persons in situations of vulnerability, human rights education and training was vital. Proactive efforts were required to ensure that the most vulnerable were educated and empowered. For State officials, human rights education helped create a culture where human rights considerations were mainstreamed and where actions which led to human rights violations were not tolerated. Canada, Australia and New Zealand thus supported efforts to draft a declaration on human rights education.

BARBARA FONTANA (Switzerland) said the Advisory Committee had rightly focused on the discrimination faced by disadvantaged rural populations, which had corroborated recent work of the Special Rapporteur on the right to food. In the light of the Advisory Committee’s recommendations, Switzerland believed that the Committee should draw up a study to clarify what protection rural populations were provided by existing human rights instruments, and identify potential gaps in that regard. Switzerland was at this stage not favourable to a new instrument but, rather, was convinced that discrimination against rural populations was based on non-implementation of existing norms rather than the absence of a legal base. Switzerland further welcomed the Advisory Committee’s willingness to take more strongly into account issues relating to women – that was important and required continued efforts. However, the Advisory Committee should make recommendations to the Council in order to achieve gender mainstreaming, rather than attempting to undertake that task on behalf of the whole United Nations system.

JEAN FEYDER (Luxembourg) said Luxembourg had participated in the last session of the Social Forum and had made a major contribution, underscoring the importance attached to the issue of justice. Luxembourg applauded the work of Ms. Warzawi. On the preliminary report on discrimination within the context of the right to food, that had showed just how much those who suffered from malnutrition were also the ones who suffered from other human rights violations. There were many causes for that situation. Luxembourg invited the Advisory Committee to deepen its work in the area of discrimination.

CHRISTIAN STROHAL (Austria) said that Austria put particular importance on the work of special mechanisms and bodies of the Council. The system of Special Procedures provided them with an important reality-check regarding human rights situations on the ground. That system could only function effectively if they were given the possibility to fulfil their mandates independently and free from political interference. It was the role of such independent experts to be critical, outspoken and to document difficult human rights issues all over the world. Austria was concerned at accusations against Special Procedures of overstepping their mandates just because of their criticism. On the Forum for Minorities, it had proved to be a successful platform for dialogue and Austria thanked the Independent Expert on minorities for her work in that regard.

FELIX PENA RAMOS (Venezuela) said Venezuela recognized the importance of the work accomplished by the Advisory Committee in drawing up the draft declaration of human rights education and training; the study on discrimination within the context of the right to food; and the principles and guidelines on the elimination of discrimination of people affected by leprosy, among others. It also appreciated the support of the debates which had taken place and the recommendations that had resulted from the Social Forum, where a number of subjects of great relevance, including the national plans of action against poverty and the need to establish a minimal level of social protection and best practices in terms of social security, had been discussed.

JAWAHER AL-SABAH (Kuwait) reverted to the issue of joint efforts for alleviating poverty. The Social Forum report contained issues on matters related to poverty and its impact. Poverty was one of the most important issues in human rights. Kuwait was concerned with safeguarding human dignity. Therefore it had convened the first poverty summit in that regard in January 2009. It had also committed to donating large sums of money to a fund to combat poverty.

IBRAHIM A. E. ALDREDI (Libya) extended appreciation to the members of the Advisory Committee for their work. They had addressed number of significant issues during their last session, including fighting discrimination against persons affected by leprosy, human rights education and senior citizens. Those were all important issues. Also, at a time when the number of senior citizens was constantly on the rise, a convention addressing their rights had to be considered. Libya would call for a study of the problems suffered by senior citizens in enjoying their own rights, even before the creation of such a convention.

VAHEH GEVORGYAN (Armenia) said Armenia subscribed to the view that effective minority participation was imperative for the realization of their rights. The context of cooperation between different minorities and the State should be free from xenophobic attitudes. It was alarming to see that some State officials made inflammatory and racist speeches that attempted to delegitimize the rights of certain minority groups on various dubious grounds. The Government of Armenia had undertaken essential measures to protect and promote the rights of the 11 national minorities that resided in Armenia and Armenia had accumulated valuable experience in engaging minorities in decision-making over the past two decades, particularly in areas of their direct concern. To that end, an advisory body, the Coordination Council that represented national minority groups, had been established. The Council comprised two representatives of each of the 11 national minorities and allowed policy-making and drafting of action plans that promoted the protection of national minorities.

AMINA LEMRINI, of International Coordinating Committee of National Human Rights Institutions, said enshrining human rights took place through education and institutionalization. They were interdependent. That was why the human rights community had called for human rights education to be at the centre of State concerns. That was also why it had applauded the idea of a Declaration. The International Coordinating Committee expressed its full endorsement of the work of Ms. Warzazi and others. The Declaration should define education in human rights in a comprehensive manner. As part of that it had to address not only the acquisition of knowledge but also the acquisition of behaviour.

HAMID EL KAM, of the Advisory Council on Human Rights of Morocco, said that, inspired by the Advisory Committee’s work on human rights education, they had set up a platform for the promotion of human rights. The platform revolved around several subjects, including acceptance of difference and tolerance. It could be used by different players, and had three different approaches –education, training and awareness-raising. The Advisory Council asked for the technical and financial support of the Human Rights Council and the Office of the High Commissioner for Human Rights to make that project more specific.

KAZUNARI FUJII, of Soka Gakkai International, appreciated the views of Members States as expressed at the high-level discussion on the draft United Nations declaration on human rights education and training. The current draft declaration did not establish a new right, but rather reconfirmed the already existing right as described in 1999 in the publication entitled “The right to human rights education” of the Office of the High Commissioner for Human Rights. The draft declaration would nevertheless provide the guiding principles that filled the gap between international human rights standards and actual practice.

JANET NELSON, of International Movement ATD Fourth World, recommended that one of the topics of this year’s Social Forum be the exchange of good practice on cooperation between donor countries, receiving countries and communities in operationalizing human rights in ways that respected, in terms of both outcomes and processes, the principles of transparency, participation and accountability to all stakeholders.

DAVID FERNANDEZ, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, speaking on behalf of 502 non-governmental organizations that had signed a document on the right to peace, said that that text on the right to peace had been drafted in line with civil society. It asked the Council to organize a workshop on the right to peace. The Advisory Committee had approved the promotion of the right of people to peace. The Federation invited the Council to bear in mind the conclusions of experts, especially by establishing a Working Group, which would look at a codification of the human right to peace. That would lead the way to creating a draft on that right, which would be geared to promoting and protecting it.

STEPHAN CICCOLI, of European Union for Public Relations, commended the Independent Expert on minority issues for an excellent report. Constitutional provisions on minority participation needed to be backed by laws and policies that protected the rights of minorities. When both the legal system and constitutional structures sanctioned discrimination against specific minority groups, they left them at the mercy of religious bigots. It was pathetic that the Independent Expert’s report was silent about the treatment of minorities in some Asian countries. Nonetheless, the recommendations and concerns of the Independent Expert on minority issues were valued.

MAGGIE MURPHY, of Interfaith International, welcomed the dynamic spirit in which the debates of the second session of the Forum on Minority Issues had taken place. States should avoid symbolic gestures when involving minorities in political process. Ensuring adequate representation was mutually beneficial for the State and its citizens. Also, the active and genuine promotion of minority languages during the electoral process would signal true commitment to democracy and equality. Constitutions that inhibited or banned minority candidates from certain political positions made a mockery of the concept of equality.

RENATE BLOEM, of CIVICUS - World Alliance for Citizen Participation, welcomed the excellent report of the Social Forum. The Human Rights Council was now equipped, together with the outcomes of the Special Session and high-level panel on the financial and economic crises, with the necessary tools to strongly influence the forthcoming Millennium Development Goals Review Summit. The Forum had also placed great emphasis on the universal right to social security and had highlighted the relevance of social security in the context of the crises. There was a need to have human rights serve as an active component of trade liberalization and globalization in the Doha Round and beyond.

BELL HILAIRE, of Cercle de recherche sur les droits et les devoirs de la personne humaine (CRED), said the Research Centre had been developing new international standards on human rights for a year now. It had also engaged in a process of establishing official collaboration with United Nations agencies and other international organizations. As that process had evolved, the Centre and its partners were currently exploring the possibility of holding a global conference on human rights obligations.

BESIL OZKAYA, of Syriac Universal Alliance, said Arameans had never been granted formal recognition as a minority, as formulated in the 1923 Treaty of Lausanne, by Turkey. Non-Muslim minority status and rights were unlawfully restricted to the Greeks, Armenians and Jews, which had huge practical consequences for the already decimated Arameans, who suffered in many ways from Turkification and discrimination after 1923.

HENRI SARAGIH, of Centre Europe, Tiers Monde-Third World Centre (CETIM), said La Via Campesina was a global movement and organization of peasants that existed in 70 countries, with millions of members. On their behalf, the work of the Council was commended. Hunger affected land workers, herders and others. Some 80 per cent of the world’s hungry lived in rural areas, and there was therefore a need to put in practice recommendations made by the Advisory Committee, including for the continuation of its work. They should all carry on developing worldwide cooperation to end discrimination against peasants.

ELISABETH OPENSHANS, of International Society for Human Rights, commended the role of the Advisory Committee. The Committee had reaffirmed the right to human rights education. That was vital for preventing human rights violations. The International Society also welcomed how the draft declaration recognized that human rights education was based on equality. It encouraged the inclusion of the right to provide human rights education and training, in that connection urging the declaration to uphold the protection of human rights defenders and asking States to create an enabling environment for those involved in human rights education. They also urged the drafting process to be speedy, saying it was crucial that the Advisory Committee’s transparent approach continue.

DIPMONI GAYAN, of Liberation, thanked the European Union and non-governmental organizations that had taken up the recent atrocities committed against minority indigenous peoples of Chittagong Hill Tracts of Bangladesh in February this year. However, the Government of Bangladesh had not taken any action and violations were still being perpetrated by the Army and settlers against the minority indigenous people who lived in constant fear. In the Council, the Foreign Minister of Bangladesh had told the international community that action would be taken on these issues, but nothing had been done until this date. The Human Rights Council should send its Special Rapporteur on minorities to visit the area.

AURORA SNEY, of Amnesty International, said human rights education was fundamental in addressing the underlying causes of human rights violations, preventing human rights abuses, combating discrimination, promoting equality and enhancing people’s participation in democratic decision-making processes. Amnesty International welcomed progress made by the Advisory Committee in the drafting of the declaration on human rights education and training. They supported the articulation of the right to human rights education as a distinct and fundamental right. The declaration was a significant opportunity to consolidate, reaffirm and reinforce the existing standards by providing a common understanding of the elements of human rights education and a unified framework for its effective implementation.

DAVID LITTMAN, of Association for World Education, said the recent report of the Advisory Committee contained a very comprehensive eight-page text for acceptance by the United Nations General Assembly. States had the obligation to progressively achieve the realization of the right to human rights education and training, including through legislative measures. The Association for World Education agreed with those comments by Canada and others highlighting the importance for each State to regularly review its textbooks. It was of course a good idea to have human rights education and training, but that should be based on nothing else than the international bill of human rights.

IRENE PATRICIA HUDJON, of Mbororo Social and Cultural Development Association, said the minority and indigenous peoples of north-eastern India were constantly threatened with extinction. The United Nations Declaration on the Rights of Indigenous Peoples required Governments to promote the reconciliation with such peoples. That Declaration had to be implemented and the Government of India should protect the individual and collective human rights of those people. The Council should call upon the Indian Government to grant recognition to the existing traditional institutions in north-eastern India.

JEREMIE SMITH, of Cairo Institute for Human Rights Studies, said throughout the Council’s session, several United Nations human rights experts and Member States had warned of the increasing severity of attacks against human rights defenders that had been carried out in retaliation for their engagement with the Human Rights Council and other United Nations rights mechanisms. It was both appropriate and necessary that the Council strengthen and improve the effectiveness of the United Nations in providing protection for human rights defenders who engaged with the Council and its mechanisms.

Mr. A. S. KOHLI, of International Institute for Non-Aligned Studies, noted that the report of the 2009 Social Forum dealt with important issues relating to social protection and social security, and treated those programmes as an investment for the alleviation of poverty. The recommendations of the Forum highlighted that social security and social protection programmes were not optional or charity but an important obligation enshrined in international human rights law. The differential impact of globalization and the opening up of world trade on the livelihoods and well-being of poor women was a particularly challenging area of concern. The Social Forum had to look into that area and discuss the eradication of poverty and the empowerment of women as a relevant theme to protect those most vulnerable sections of society.

DAVID LITTMAN, of the World Union for Progressive Judaism, wished to speak about the Jewish minority in Iran, which had been living there for more than 2,000 years. He especially wanted to highlight the total discrimination that occurred in countries such as Iran, where justice was being applied according to Shariah law and not according to international law and international covenants.

MONIQUE PRINDEZIS, of World Association for the School as an Instrument of Peace, took note with great appreciation of the draft declaration on human rights education. With a view to improving the text, the right to human rights education should be envisaged in itself and not be subordinated to the right to education. There should be no “hierarchization” between the two. Also there should be human rights through education and human rights in education.

SYED SULTAN AHMAD JILAMNI, of International Club for Peace Research, said Muslims were complaining of attempts to encourage Islamophobia, and the French ban on veils and Switzerland’s ban on minarets had further vitiated that atmosphere. Moreover, discrimination against religious minorities in Muslim-majority countries had also grown, and anti-blasphemy laws had been routinely used to harass and commit acts of violence against religious minorities.

CURTIS DOEBBLER, of North-South XXI, appreciated the work of the Advisory Committee on the draft United Nations Declaration on Human Rights Education and Training, and hoped that adequate resources would be made available for its implementation, particularly in developing countries. As for the Social Forum, North-South XXI hoped that the next Forum would include an assessment of the extent to which States had successfully collaborated with each other. Further, situations where a majority adopted or attempted to adopt legislation discriminating against minorities should be analysed in the future.

LAZARO PARY, of Indian Movement Tupaj Amaru, appreciated the report of the Advisory Committee, which reflected the broad and transparent efforts of the new Human Rights Council mechanism, as well as the contributions of non-governmental organizations to the study and analysis of various thematic issues such as the right to food, the right to education, and the promotion of an equitable democratic order. Among the greatest challenges was the right to food, which, along with the right to housing and other fundamental rights, was subject to the whims of the market. The food crisis, environmental crisis and other crises all showed a basic trauma to the world. It was up to the Human Rights Council to focus on that.

MIRELLE GROSJEAH, of Universal Esperanto Association, noted that many United Nations documents were only distributed in English. Many smaller Working Groups worked only in English, and some work of the United Nations was not done in the six languages but only in three, which was strongly deplored. As another example, the United Nations Development Fund for Women (UNIFEM) website was English only. The diversity of living species was precious and should be preserved, just as linguistic and cultural diversity should be preserved. If a national language became an international language, it was unfair and undemocratic. The United Nations and other international organizations should always use several working languages if possible.

SEVINDJ BAGUIROVA, of Azerbaijan Women and Development Centre, wanted to draw attention to the use of the term “minority”. It was discriminatory and highlighted differences. It created an inferiority complex. It would be better to reduce its use to a minimum or to replace it by “parts of the society” or “element of the population”.

TOMAS GONDORI CAHUAPAZA, of Indian Council of South America (CISA), fully endorsed the draft declaration on human rights education and training. For more than 20 years, that issue had been a key one for the Indian Council of South America, as well as for the International Commission for the Rights of Indigenous People of South America. They had conducted courses and seminars to promote human rights and fundamental rights. The most important project had been the publication in 1996 of a textbook to teach human rights, geared to people who did not have had much schooling.

Concluding Remarks by Experts

HALIMA EMBAREK WARZAZI, Chairperson of the Human Rights Council Advisory Committee, in concluding remarks, thanked all members of the Council and all those who had commented on the Committee’s report. The Advisory Committee greatly appreciated the encouragement it had received. By contrast, it had been surprising to hear comments on the Advisory Committee’s working capacity, Ms. Warzazi said, explaining that the five days the Advisory Committee was given every year were actually only four days since the Secretariat needed one day to develop the report.

GAY MCDOUGALL, United Nations Independent Expert on minority issues, thanked the Member States and non-governmental organization representatives for the positive comments and recommendations made for future topics for the focus of the Forum on Minority Issues. The former Working Group on Minorities that guided the work of the mandate had stated that the right of minorities to participate in all aspects of life of the larger national society was essential, both to promote their interests and values and to create an integrated, pluralistic society, based on tolerance and dialogue, and that had been the focus of discussions this year in the Forum. The Forum created a truly important and useful platform for those discussions. On the common parameters discussed in the Forum, there were three essential common parameters in all the models discussed: first, that all the models must be a genuine expression of a State policy of inclusion of minorities; second, that all the models were based on the principle of representativeness, accountability and transparency; and third, that in all models, minorities had to be involved at every step of the choice and design of the mechanism to enhance minority participation. In that context, she welcomed the announcement made recently by the Inter-Parliamentary Union of a follow-up meeting to the Forum to discuss how to promote greater inclusion of minorities in national parliaments. To have follow-up meetings in each region of the world would help find ways to further particularise these models and promote their implementation on the regional and national levels.


For use of the information media; not an official record

HRC10/033E