INDEPENDENT EXPERT ON MINORITIES PRESENTS REPORTS TO HUMAN RIGHTS COUNCIL

The Independent Expert on minority issues, Gay McDougall, this morning presented her reports to the Human Rights Council, which was followed by an interactive dialogue with her. The Council also 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.

Ms. McDougall said that children must be at the forefront of the work of the minority issue mandate. Worldwide, minority children suffered disproportionally from unequal access to quality education. The situation of girls was of greatest concern as they were the most likely to be totally excluded from schooling. Disadvantaged minorities, even in developed countries, were far more likely to receive an inferior education than a good one; they were more likely to start school later rather than the prescribed age, if at all; and they were more prone to drop out from or fail to achieve in school. That perpetuated the cycle of poverty, leaving them unable to later fulfill their human potential, to gain meaningful employment, and to become respected members of society. Ms. McDougall said she had conducted three country visits: to Kazakhstan and Canada in 2009, and to Colombia in February 2010, on which she would report during her next reporting cycle.

Kazakhstan and Canada spoke as concerned countries.

In the interactive dialogue, speakers praised Ms. McDougall for her outstanding work. Some noted that many States consistently refused to react to requests for visits by Special Procedures, and asked if the Independent Expert had proposals on how to address this situation in an objective manner and encourage such States to show a more positive attitude towards visits. It was of utmost importance to promote the integration of persons belonging to minorities into the societies they lived in while respecting their particularities. Speakers attached outstanding importance to the protection of minority rights, a dimension of human rights which was often ignored because of its political sensitivity. The right to effective participation was a fundamental human right; however, it was unfortunate that in many cases minority communities remained unable to exercise their right of effective and meaningful participation in the political process of their countries. Some believed that the effective participation of minority groups would help to guarantee their legal rights, and contribute to enhancing the social status of minority groups and social harmony. The effective enhancement of their educational level was also important.

Speaking in the interactive dialogue were Austria, Greece, Sudan on behalf of the Arab Group, Hungary, Pakistan on behalf of the Organization of the Islamic Conference, the United States, China, European Union, Haiti, Armenia, Nigeria, Russian Federation, Belarus and Latvia.

The following non-governmental organizations also took the floor: Canadian Human Right Commission, Minority Rights Groups International, Syriac Universal Alliance and Commission to Study the Organization of Peace.

At the beginning of the meeting, the Council 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, hearing from a series of non-governmental organizations.

Speakers raised myriad issues concerning country-specific violations and challenges, women’s and children’s rights and violence against them, capital punishment, problems facing migrants, self-determination, torture, human rights defenders, rights of indigenous peoples, freedom of opinion and expression, and problems facing internally displaced persons. The realization of human rights would depend on the transformation of current thinking on security towards an understanding where security was understood as protection from violence, speakers said. Violence against children took place in every region and every country of the world, and its victims required social and economic care. The idea of implementing the right to self-determination was a building block for international law.

The following non-governmental organizations took the floor: Latin American Federation of Associations of Relatives of Disappeared Detainees, Agence Internationale pour le Développement, Women’s International League for Peace and Freedom, Charitable Institute for Protecting Social Victims, International Educational Development, International Commission of Jurists, Cairo Institute for Human Rights Studies, International Federation for Human Rights, Organization for Defending Victims of Violence, International Humanist and Ethical Union, World Muslim Congress, International Islamic Federation of Student Organizations, United Nations Association of San Diego, Pax Romana in a joint statement with International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students, Liberation, International Union of Socialist Jews, Centrist Democratic International, Mbororo Social and Cultural Association, Amnesty international, World Union for Progressive Judaism, Association for World Education, Becket Fund for Religious Liberty, International Human Rights Association of American Minorities, International Movement Against All Forms of Discrimination and Racism, Coordinating Board of Jewish Organizations, Agir Ensemble pour les Droits de l’Homme, Indian Council of South America, Union de l’Action Feminine, Helsinki Foundation for Human Rights, International Association of Schools of Social Work, United Nations Watch, and Observatoire National des Doits de l’Enfant.

Speaking in right of reply were Uzbekistan, Venezuela, Sri Lanka, Cuba, Yemen, China, Morocco, Burundi and Algeria.

The Council today is holding back-to-back meetings from 10 a.m. to 6 p.m. During its midday meeting, the Council will hear presentations of reports of its three subsidiary bodies, the Advisory Committee, the Social Forum and the Minorities Forum, and will then hold a general debate on its agenda item on human rights bodies and mechanisms.

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

LAKHLIFI NHABOUHA, of Latin American Federation of Associations of Relatives of Disappeared Detainees, called for the good offices of the Secretary-General to help settle the situation in the Western Sahara, as had been done to pave the way of peace in East Timor. Several bodies, including the Office of the High Commissioner for Human Rights, had recommended the creation of a United Nations mechanism to address the human rights situation there. Hundreds of youngsters had disappeared and the Moroccan authorities still refused to admit what had happened to these young Sahrawis.

DELPHINE BOURGEOIS, of Agence Internationale pour le Développement, said that they wanted to draw attention to the serious human rights violations that were being committed in the Tindouf camps. Agence Internationale pour le Dévelopment had gone to Mauritania to meet with members of the Polissario, as well as family members of camp members. They had reported cases of torture, violence, humiliation, rape and abduction; the people in the camps were lacking any international protection. Agence Internationale pour le Dévelopment had been scandalized that such inhumane treatment could exist in the twenty-first century. Cases of cannibalism had also been reported. Given these testimonies, the inhuman treatment reported, and the seriousness of these facts, they called upon the Council to put an end to this tragedy as soon as possible.

LEILA CHAKER, of Women’s International League for Peace and Freedom, said the realization of human rights would depend on the transformation of current thinking on security towards an understanding where security was understood as protection from violence. That could not be guaranteed by military means alone and the Women’s International League for Peace and Freedom therefore called upon States to reflect that need in their budgets. The amount spent by Governments on military issues highlighted how much money could be made available.

AHMADI LAFOURKI, of Charitable Institute for Protecting Social Victims, said violence against children took place in every region and every country of the world. Child abuse was a major public health issue, according to a World Health Organization report, and its victims required social and economic care. Due to poverty and the unemployment of parents, among other reasons, the rights of children had been violated and they continued to experience violence. The lack of support and practical guarantees regarding refugee children more particularly was also of concern and the Charitable Institute for Protecting Social Victims recommended that States implement protective laws for refugee children.

KAREN PARKER, of International Educational Development, said International Educational Development welcomed the initiative of UN Secretary-General Ban Ki-Moon to look into war crimes in Sri Lanka in its final days. It praised Canada for highlighting the plight of Tamils and praised Hungary for setting up a school on mass atrocities and genocide. The Council must continue its consideration of the situation in Myanmar until there was a properly seated democratic Government in the country.

LUKAS MACHON, of International Commission of Jurists, said that in Iran, at least 13 protestors had been sentenced to death. The Council had to urge Iran’s observance of human rights. The International Commission of Jurists urged the General Assembly to consider that when bearing in mind its upcoming candidacy. On 18 March the Commission would give a report on the ineffectiveness of the criminal justice system in Sri Lanka.

LALIA MATAR, of Cairo Institute for Human Rights Studies, said the Cairo Institute for Human Rights Studies was deeply concerned about the human rights situation in Yemen. Under the pretext of counter-terrorism, the Government was using repressive measures. A major crisis was growing in the north because of the disproportionate use of force. Security forces continued to use excessive force to repress protests in the South. Several thousand people had been arrested for having participated in protests. Political opponents were routinely subjected to arbitrarily arrests and abductions. Yemen was edging closer to civil war. Yet, the Council remained silent. The Council should prioritize this issue.

JULIE GROMELLON, of International Federation for Human Rights, said that since the June elections in Iran, peaceful protests were being repressed. Several death sentences had been pronounced against participant in these protests; two of them had already been carried out. Absence of effective protection for civilians in the Democratic Republic of the Congo was also worrying. Sexual crimes were ongoing in the country. The International Federation for Human Rights also denounced the crackdown on human rights defenders and called for the setting-up of a mechanism charged with the follow-up of the Special Procedures’ recommendations. In Honduras, after the coup-d’état, human rights violations were taking place daily. The Council should reiterate its firm condemnation of the coup d’état.

MAHMOUDREZA GOLSHANPAZHOOH, of Organization for Defending Victims of Violence, said the Organization for Defending Victims of Violence was concerned about the situation of migrants in France. The French Government should continue its efforts aimed at improving the situation of all migrants, regardless of their status. The organization also urged the United Kingdom to consider further measures to address the problem of violence against children as well as the widening gap among minorities in that country. The Organization for Defending Victims of Violence believed that the Universal Periodic Review, with all its strengths and weaknesses, was a method that genuinely allowed revitalizing the principles of objectivity and impartiality.

KEITH WOOD, of International Humanist and Ethical Union, said the Holy See had failed to deny the allegations of the International Humanist and Ethical Union and it had claimed that it would devote a paragraph to child abuse committed by the Catholic clergy in its report to the Committee on the Rights of the Child. However, that report was 13 years overdue now and still to be filed. The claims of the Holy See that it was putting its house in order were not borne out by facts, and the Holy See was called upon to open its files and records to the Committee on the Rights of the Child and to instruct all staff to collaborate with criminal investigators, which they had notably failed to do in Ireland.

SARDAR AMJAD YOUSAF KHAN, of World Muslim Congress, said the idea of implementing the right to self-determination was a building block for international law. International law stated that this fundamental right belonged to the people and not to the State. Kashmir was a disputed territory. It was not a part of India. India had acted in breach of international law. There had been arbitrary arrests in that region. The World Muslim Congress requested the Council to take measures to identify dead bodies that had not been accounted for in that region.

ASHRAF SHAGUFTA, of International Islamic Federation of Student Organizations, said the international community should not forget the case of a woman who had been accused of being an Al Qaida member. She faced a maximum sentence of life in prison. While she was held captive in Afghanistan, her family had no indications of her whereabouts. That case was an example of gross violations of human rights by one of the Council’s members. It had included arbitrary arrest, gender discrimination and rape. The International Islamic Federation of Student Organizations requested the Council to take action in that regard.

SHIZHONG CHEN, of United Nations Association of San Diego, reiterated the support of the United Nations Association of San Diego for the Universal Declaration of Human Rights. In China there was an escalation of prosecutions against human rights lawyers. Reports of United Nations Special Rapporteurs painted a different picture than what the Chinese Government was claiming. Professor Nowak had said that Chinese law was like a sword of Damocles and that it could be invoked to harass, intimidate and sanction lawyers. There were many cases of detentions of human rights lawyers. Those who dared to defend Falun Gong practitioners had been sentenced to serve prison sentences. The severe prosecution against human rights lawyers should bring the world to question China’s claims that it was ensuring the rule of law.

LAWRENCE KWARK, of Pax Romana, in a joint statement with International Catholic Movement for Intellectual and Cultural Affairs and International Movement of Catholic Students, said that small arms use was widespread in Nepal. Due to them, there were a wide number of civilian casualties, particularly in rural communities. Extrajudicial killings, torture and cruel inhuman treatment had taken place throughout the country. The non-governmental organizations congratulated the Office of the High Commissioner for Human Rights’ continuing commitment to protect human rights in Nepal. Prompt investigations should be carried out into human rights violations to ensure that perpetrators of human rights violations were prosecuted.

DIPMONI GAYAN, of Liberation, said the people of the State of Assam continued facing the bitter consequences of insurgency and counter-insurgency activities. Although those people continued living in fear and oppression, discussion of that subject continued to be avoided and Indian Government sources often accused Pakistan of seeking to destabilize that region. Civil society requested that the international community give attention to that issue.

FATIMETOU MUSTAFA SALEH, of International Union of Socialist Youth, said the Sahrawi people had been colonialized since a very long time and Moroccan forces continued to oppress Sahrawi people with violence. There had not only been crimes against humanity, as admitted by Morocco, but serious and systematic human rights violations had also taken place. The International Union of Socialist Jews demanded the release of all Sahrawi political prisoners. It also underscored that the Sahrawi people had shown unparalleled patience and continued peacefully in their opposition and said the Council and the international community could not turn their backs to these people; that issue should be included in the Council’s agenda.

ANNA MARIA STAME CERVONE, of Centrist Democratic International, said in the wake of the needless death of Zapato, Centrist Democratic International considered that the time had come for public commitments taken by Cuba to be made a reality, with concrete measures, including the release of all prisoners of conscious, particularly those in poor health. The Special Rapporteur on torture should visit the island so that he could see numerous complaints lodged by the prisoner population in particular. Centrist Democratic International formally asked the Council to request Cuba to fulfil the commitments it had presented in public in 2009.

IRENE PATRICIA HUDJON, of Mbororo Social and Cultural Association, drew attention to the deteriorating human rights situation of the indigenous people of India. They had been subjected to a dispossession of their land, territory and resources, which had hindered their development. Mbororo Social and Cultural Association feared that such measures would be detrimental to maintaining their own identity. The Council should ask India to respect the inherent rights of indigenous people. It also had to uphold their dignity in line with its international obligations. The Association urged India to respond to the Special Rapporteur on the fundamental freedoms of indigenous people and to have the Special Rapporteur visit India.

PETER SPLINTER, of Amnesty international, said that on March 12, the Security Council had renewed the mandate of the United Nations Mission in the Central African Republic and Chad MINURCAT. Instead of discussing the renewal of the mandate of the mission or its withdrawal, parties should rather discuss the situation in the country, as well as the situation of Chadians and displaced Sudanese. Recruitment of child soldiers and rapes of women continued in Eastern Chad. Chadian security forces were unable to conduct their mission without the support of United Nations troops in the country. If these elements were to leave the region prematurely, Amnesty International feared that the situation would worsen. On another matter, Amnesty International wanted to highlight the fact that some States did not respect Special Procedures. Special Procedures had requested to visit Iran but Iran had not accepted the visits. The Council should ask Iran how the rejection of the visits was in line with Iran’s claims that it was open to Special Procedures.

DAVID LITTMAN, of World Union for Progressive Judaism, said that when the League of Nations had moved into the Palais des Nations, a mad leader had been allowed to run havoc. Nowadays, another President was saying that a United Nations Member State should be wiped out of the map. Just recently, there had been calls for a jihad against Switzerland. How many jihadists would respond to these calls? As threats against United Nations Member States continued, the Human Rights Council had to condemn these calls for jihad. Silence here and now would make everyone the accomplices of tyranny.

DAVID LITTMAN, of Association for World Education, said the realization of young girls’ enjoyment of their human rights required the establishment of mechanisms to monitor and enforce relevant laws and treaties. In fact, various existing United Nations standards would have a preventive effect if they were enforced. Statistics highlighted that many girls were being married at an early age, and that still did not provide an appropriate view of the situation since many girls remained unregistered. The question of child marriage needed to be addressed, which was for example candidly done by cartoons in the media of certain countries.

LINDSAY BENNETT GRAHAM, of Becket Fund for Religious Liberty, said there remained a heated debate in this Council on the limitations of freedom of expression and opinion, which should not be taken lightly. The Becket Fund for Religious Liberty commended Indonesia for having taken the issue on in a public manner. Further, while Pakistan’s penal code also maintained provisions against certain blasphemies of Islam, the Government had expressed its willingness to amend that law. That was a bold step that should be commended.

SYED FAIZ NAQSHBANDI, of International Human Rights Association of American Minorities, said civil society had been pleased at the Council’s establishment, hoping that it would look into the plight of minorities. Among other methods, Indian forces had used arbitrary detentions and extra judicial killings to curb the right to self-determination of the Kashmiri people. On top of that, these forces enjoyed impunity. The situation had carried on unabated. The people of Kashmir needed this Council to respond to human rights situations that required its attention.

DAISUKE SHIRANE, of International Movement Against All Forms of Discrimination and Racism, said internally displaced persons had not returned to their families in Sri Lanka. Many Tamil persons were still not accounted for. Many still remained detained, some for up to 13 years. The most alarming development was attacks on members of the opposition who had asked for free and fair elections. The Movement urged the Council to take note of the continuing detentions.

KLAUS NETTER, of Coordinating Board of Jewish Organizations, called for a re-examination of the elimination of the Special Procedure on Iran, due to the ongoing violations of human rights in that country. The situation had recently further deteriorated and the Council had decided not to discuss the situation in Iran, until the Universal Periodic Review last month. They commended the countries who had objectively reviewed Iran. The Coordinating Board of Jewish Organizations renewed their urgent request for the creation of a Special Procedure on the human rights situation in Iran. The Government had brutally suppressed freedom of expression. Only a handful of countries still executed juveniles. Iran was the country with the highest number of such executions. The systematic assault of Iran against its own citizens had continued unabated.

VO TRAN NHAT, of Agir Ensemble pour les Droits de l’Homme, said Agir Ensemble pour les Droits de l’Homme was extremely worried about the brutal repression in Viet Nam. Freedom of expression was being violated and human rights defenders were being imprisoned. Despite its claim of cooperation with the United Nations, Viet Nam still refused to receive visits of Special Procedures. Viet Nam had recently condemned five dissidents. They also wished to recall that the head of the Buddhist Church of Viet Nam was still detained. The Council should take up this issue.

RONALD BARNES, of Indian Council of South America, said democracy and human rights meant nothing if States were not willing to act on their own human rights violations, including violations of the right to self-determination. The calls by the Jacha Suyu Pakajaqi Council in Bolivia, the Indigenous municipality of Tilcara in northern Argentina, as well as other claims of indigenous peoples’ in South and Middle America, needed to be honored. The consent procedures also needed to be examined for encroachment to indigenous territory and exploitation, including mining activity, in light of those people’s right to self-determination and international instruments.

ZUBAIR HAJBOUHA, of Union de l'action féminine, drew the Council’s attention to human rights violations which had been committed against those people who were forgotten by history. That was the case for thousands of women who lived in the Tindouf camp in Algeria who were without protection and had fled from torture, polygamy and forced labour and now lived in a very difficult situation. These tribal women had their peaceful claims savagely crushed. Union de l’Action Feminine underscored that appropriate measures needed to be taken urgently in order to find out about the human rights violations that those women had suffered.

TSERING JAMPA, of Helsinki Foundation for Human Rights, said Helsinki Foundation for Human Rights welcomed China’s decision to receive the Special Rapporteur on the right to food. However, it regretted that China had not upheld its Universal Periodic Review promise to receive other Special Procedures. China had ignored the Committee of the Rights of the Child’s queries about the whereabouts of the Tibetan spiritual leader who disappeared at age six and would have been 21 this year. Turning to land issues, Helsinki Foundation for Human Rights urged China to impose a moratorium on all such settlements until an independent study had been carried out.

JOSEPH WRONKA, of International Association of Schools of Social Work, said the International Association of Schools of Social Work was mindful of the words of J.F. Kennedy who had urged world leaders to be peacemakers. The International Association urged States to endorse measures to eradicate extreme poverty. It noted among others, the apology of the Holy See for its role in the Holocaust and that of former president Bill Clinton to African Americans. It also asked the United States to formally apologize for its part in slavery, for atrocities such as forced assimilation and for confiscating land. The International Association praised President Obama for signing a treaty on disabled people. It urged the United States to take human rights education as a priority.

BETHANY SINGER-BAEFSKY, of United Nations Watch, said that non-governmental organizations had put before the Council today document NGO/117, which was an urgent appeal by 50 human rights activists from Iran. It read that the activists, shocked by the gross human rights violations that were perpetrated by Iran since the fraudulent June elections, called upon the Secretary-General and the High Commissioner for Human Rights to lead the United Nations in convening an urgent and immediate Special Session of the Council on the grave violations of human rights in Iran. The Council should also establish an independent, international and impartial commission of inquiry to investigate the complicity of Iran’s senior leadership; the torture and abuse of defendants; and the show trials of more than 100 Iranians.

Mr. EL KARMOUNI, of Observatoire National des Doits de l’Enfant, said that the Council should consider the situation in the Tindouf camps. Human rights were systematically violated by the Polissario there. People were living in inhuman conditions there and were deprived of their most basic human rights. The situation threatened the stability of the whole Maghreb region.

Right of Reply

BADRIDDIN OBIDOV (Uzbekistan), speaking in a right of reply in response to statements made by France, Germany and Belgium, said those statements had been politically motivated and those delegations had made baseless allegations regarding another State. Uzbekistan observed that there were numerous human rights violations in those countries. In France, there was a worsening discrimination on the basis of origin and on other grounds, which was complicated by manifestations of xenophobia with the involvement of law enforcement agents. As for Germany, Roma people had been attacked in that country, and Uzbekistan was alarmed by how persons who had put forward cases against law enforcement agents had been intimidated. Concerning Belgium, xenophobia prejudices existed among politicians and Uzbekistan was alarmed by a study according to which punishments applied to foreigners were more severe than those applied to native Belgians. The delegation underscored that it was unacceptable to hang labels on sovereign States and said that a number of measures had been taken to build up civil society organizations and trade unions in Uzbekistan.

GERMAN MUNDARAIN HERNANDEZ (Venezuela), speaking in a right of reply, said that the United States had slandered Venezuela and defamed other countries. The Council was a multilateral forum for dialogue. Venezuela would not remain silent in the face of any aggression against its people. The United States tried to champion itself as a human rights advocate. However, it should be recalled that the United States had used an atomic bomb against civilians. It had counted on the support of international media cooperation that would serve it. Venezuela categorically affirmed that there was no censorship of the media in its country. This systematic behaviour vis a vis countries of the south was a further illustration of how true the thinking of Simone de Bolivar was when he declared that the United States seemed to be destined to fill all of America with hunger and destitution in the name of freedom.

MOHAN PEIRIS (Sri Lanka), speaking in a right of reply in response to the references made on the situation in Sri Lanka by some delegations with regard to the issue of investigations into addressing alleged human rights violations, said a domestic mechanism was expected to be established. This mechanism would be mandated to inquire and report on the underlying causes of the conflict. The body was also expected to examine the modalities of restitution to victims. It would also report on the measures taken to effect reconstruction and reconciliation. The Government was seriously regarding the Secretary-General’s proposal to appoint a Panel of Experts to advise him on accountability issues related to Sri Lanka. The presidential election had just concluded and the Parliamentary election was scheduled to be held on 8 April. In the medium to long-term they would continue to build institutional capacities that would accommodate an efficient and expeditious investigatory mechanism into matters pertaining to human rights. On journalists and freedom of expression, journalists had a free hand in Sri Lanka. Freedoms of opinion and expression were constitutionally guaranteed rights in the supreme law of the country. While freedom could be ensured, it was the responsibility of the media to maintain accuracy, fairness and objectivity.

RESFEL PINO ALVAREZ (Cuba), speaking in a right of reply, said this morning several countries had made politicized statements. Cuba underscored the hypocrisy and selective memory of those States and said they had no moral or other authority to question others. Several of those States, including the United States, Belgium, the Czech Republic, Germany and Spain, were reminded of some of the horrendous pages of their own history. For example, Cuba underscored that the territory of Germany was among those that had been most used for secret flights by the Central Intelligence Agency (CIA). As for Freedom House, that organization should be called the CIA and State Department house as it was a non-governmental organization that was funded and depended on the United States State Department. Further, in Cuba’s view, the Centrist Democratic International which had spoken earlier served the imperialist interests of those who guided it.

FADHL AL-MAGHAFI (Yemen), speaking in a right of reply, thanked the non-governmental organization Cairo Institute for Human Rights Studies for its stand. However, it did not agree with what had been said. It was based on a single source. An investigation would be necessary. On respecting human rights, Yemen’s opening to several non-governmental organizations meant its doors were always open to those who defended human rights. All of that was ample proof of the importance that Yemen attached to human rights protection. Yemen was determined to strengthen human rights. Yemen faced many challenges, including food challenges. The global economic and financial crisis had led to an increase in suffering and poverty in Yemen.

KE YOUSHENG (China), speaking in a right of reply, said that China wanted to react to the United Nations Association of San Diego’s statement. Falun Gong was an evil cult. The United Nations Association of San Diego was increasingly becoming an anti-Chinese and anti-Government organization. It received foreign assistance to spread lies about China. After the Sichuan earthquake, Falun Gong activists had been seen celebrating the disaster. Turning to the rights of minorities in China, he said that in the past years, in the Tibet, the GDP increased by 12.3 per cent on an annual basis. The just concluded National People’s Congress had decided to implement policies to promote and speed-up the development of minorities. The Government of China would resolutely protect the rights of minorities.

OMAR HILALE (Morocco), speaking in a right of reply, said this was not the first time that he had heard such statements by the Ambassador of Algeria. The individuals in question had been able to move freely and move back to Morocco. Moroccan law provided for specific measures of international standards to deal with these kinds of situations, in this case Moroccan citizens who worked with foreign powers. Morocco followed the rule of law, which was not the case for Algeria; Algeria should first take a look at how it treated its own human right activities. There were reports that highlighted that the Algerian people had been prevented from freely expressing themselves and that they had been put under pressure. Algeria also had a long history of prosecuting human rights activities, the Moroccan delegation underscored.

ELYSA NKERABIRORI (Burundi), speaking in a right of reply in response to Belgium’s comments on alleged human rights violations in the country, said Burundi appreciated that Belgium had acknowledged improvements in that regard. Burundi assured Belgium that it respected freedom of press and association. Legally it was working on a new criminal code to abolish the death penalty. After coming out of years of conflict, Burundi had spared no efforts for human rights. Nonetheless, no country could claim to be irreproachable in that regard.

BOUALEM CHEHIBI (Algeria), speaking in a right of reply, said that they did not understand the stringent attacks by the Ambassador of Morocco against the Permanent Representative of Algeria and the harsh way he had dealt with Algeria. Morocco and Algeria were neighbouring and friendly countries. He did not understand the bitterness in his statement. The Sahrawi refugees were the victims of the efforts of the Moroccan Government. They had only been defending their country and territory and had been the victims of the invasion of their country. Today’s speech would not hide the responsibility of Morocco. The refugees were under the mandate of the United Nations High Commissioner for Refugees and as such were being assisted by the international community.

Reports by the Independent Expert on Minority Issues

The report of the Independent Expert on minority issues, Gay McDougall (A/HRC/13/23) summarizes activities undertaken by the Independent Expert over the past year; gives an overview of the work of the Forum on Minority Issues during the reporting period; and contains a thematic section on minorities and effective political participation, which undertakes a survey of law and national practices in that area.

Mission to Kazakhstan (6-15 July 2009) (A/HRC/13/23/Add.1) notes that – while initiatives taken by the Government in the field of minority issues had undoubtedly helped to ensure stability and respect for diversity and minority rights – minority communities continued to express frustration at their lack of meaningful participation in political life and decision-making about issues that affect them in Kazakhstan.

The report of the Independent Expert on minority issues on her mission to Canada (13 to 23 October 2009) (A/HRC/13/23/Add.2) notes that, while Canada has an impressive constitutional and legislative framework in the area of equality and non-discrimination and numerous policy initiatives to promote multiculturalism, significant and persistent problems affect persons belonging to ethnic, religious and linguistic minorities, including negative experiences at school; higher unemployment; relatively poor access to services; racial profiling by police; and low representation in political structures and institutions.

Presentation of Reports by the Independent Expert on Minority Issues

GAY MCDOUGALL, Independent Expert on Minority Issues, said since her last report she had continued to promote the implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. She had notably conducted three country visits: to Kazakhstan and Canada in 2009, and to Colombia in February 2010, on which she would report during her next reporting cycle. As for Kazakhstan, Ms. McDougall said that Kazakhstan must be commended for the inter-ethnic tolerance which was generally evident in that society. Positive initiatives in the field of minority issues had helped to preserve minority languages and establish ethno-cultural associations for the preservation of ethnic cultures and traditions. However, Kazakhstan faced the challenge of promoting its independence and reasserting its State language and Kazakh culture, while fostering an inclusive sense of national identity that encompassed all national and ethnic groups. Turning to Canada, Ms. McDougall said Canadian society was undoubtedly open to and accepting of cultural, religious and linguistic differences where minorities could express their identities, speak their languages and practice their faiths freely. Nevertheless, African descendant Canadians and some Asian Canadian communities were concerned about their children’s negative experiences in public schools. Unemployment rates were also significantly higher and income levels lower even for those minorities who had higher educational achievements than the majority of Canadians.

Turning to her thematic report, the Independent Expert underscored that children must be at the forefront of the work of the minority issue mandate. Worldwide, minority children suffered disproportionally from unequal access to quality education. The situation of girls was of greatest concern as they were the most likely to be totally excluded from schooling. Disadvantaged minorities, even in developed countries, were far more likely to receive an inferior education than a good one; they were more likely to start school later rather than the prescribed age, if at all; and they were more prone to drop out from or fail to achieve in school. That perpetuated the cycle of poverty, leaving them unable to later fulfill their human potential, to gain meaningful employment, and to become respected members of society. The inaugural session of the Forum on Minority Issues had produced recommendations that provided a highly valuable resource in the field of minorities and the right to equal quality education. Since she had presented them to the Council last year, she had engaged in promoting their use and implementation. She had held a dialogue with the Committee on the Elimination of Discrimination against Women and was encouraged that the Committee on the Elimination of Racial Discrimination had made reference to those recommendations in its consideration of States parties reports.

Statements by Concerned Countries

GAZIZ TELEBAYEV, (Kazakhstan), speaking as a concerned country, said on February 28 and March 1 2009, Kazakhstan had presented its periodic report to the Committee on the Elimination of all Forms of Racial Discrimination, and the Committee had highly commended the measures undertaken by Kazakhstan to uphold inter-ethnic and inter-faith harmony. The Government recognized that ethnic groups living in the country did have specific interests, and these were taken into account when applying State policies on language, education, and development, among others. Kazakhstan was building the nation, and ethnic interests did not predominate therein, nor did they conflict with other interests. Most of the ethnic groups had a long history in Kazakhstan and had thus evolved shared values, and their needs were met without being divided up along ethnic lines. Ethnic groups were represented in the authority's bodies. Right now, Kazakhstan was engaged in a discussion of the Doctrine of National Unity, which was totally different from the Kazakhstanization of the country. There was a real contradiction between requiring that education be provided in the mother tongue of small ethnic groups and the need for them to integrate into Kazakhstan society. The question of preserving inter-ethnic and inter-religious harmony was a priority for Kazakhstan, and it hoped that the report of Independent Expert would act as a constructive dialogue which would promote an improvement in and further refinement of the inter-ethnic dialogue and cooperation with the Human Rights Council.

ALISON LECLAIRE CHRISTIE (Canada), speaking as a concerned country, said that Canada appreciated the observation by the Independent Expert that Canada was a leader among nations in fashioning a State policy of multiculturalism. Canada had worked over decades to dismantle the barriers that prevented equal opportunities and to address the needs of those at risk. Canada remained committed to achieving an equitable and inclusive society. While commending Canada’s leadership, the Independent Expert’s report also noted that there was room for improvements. Canada continued to support initiatives that enabled minorities to participate fully in public and political life. Canada expressed concerns regarding the accuracy of some of the information used in the report, which contained strong comments on racial profiling, without offering clear statistical evidence to support such observations. In some cases, findings appeared to be drawn from anecdotal evidence or from an assessment by on individual or journalist. Increased factual and analytical rigour in future reports would enhance their utility as well as provide States with effective guidance.

Interactive Dialogue with Independent Expert on Minority Issues

CHRISTIAN STROHAL (Austria) said Ms. McDougall had done outstanding work in fulfilling her mandate, developing it and increasing support for this important topic. The focus on close cooperation with United Nations mechanisms such as treaty bodies and other Special Procedures as well as United Nations agencies, funds and programmes were welcomed. Could she speak about the latest developments in this regard and whether she saw any possibilities for improvement of such cooperation, Austria asked. Many States consistently refused to react to requests for visits. Did she have any proposals on how to address this situation in an objective manner and encourage such States to show a more positive attitude towards visits; and how did she envisage the outcome of the first Minority Forum meeting and how it should be used by various stakeholders in order to make a sustainable impact for the daily life of minorities, Austria asked.

ALEXIOS MARIUS LYBEROPOULOS (Greece) said Greece supported the requests of the Independent Expert to undertake country visits - it was an essential element for the mandate of every Special Procedure, and all States should be encouraged to issue standing invitations in this respect. The value of these visits had been proved. The Independent Expert was to be congratulated for her role in the annual meetings of the Forum on Minority Issues - both topics chosen so far gave the opportunity to States and to other stakeholders to have a fruitful exchange of information and views on the issues of education and political participation of minorities. The most recent session of the Forum resulted in an interesting set of thematic recommendations of practical value to many stakeholders; these recommendations were the ones that the Independent Expert was reporting on to the Council today. It was of utmost importance to promote the integration of persons belonging to minorities into the societies that they lived in while respecting their particularities.

HAMZA OMER HASSAN AHMED (Sudan), speaking on behalf of the Arab Group, welcomed the holding of the Forum on Minorities last year. The Arab Group attached great importance to the question of minority rights. They had always felt that minorities, linguistic ones in particular, were a source of enriching societies. The term “minority” was imprecise in their view and they rather saw them as an element that was part of a society, which enjoyed equality before the law. This vision by the Arab world dated back centuries and was rooted into Arab culture. Peace had always reigned within their societies.

LEVENTE SZEKELY (Hungary) said Hungary held in high esteem the work of the Independent Expert on minority issues, an important mandate with a potential to effectively contribute to regional and global security and to conflict prevention. Hungary attached outstanding importance to the protection of minority rights, a dimension of human rights which was often ignored because of its political sensitivity. Hungary would like to know the thoughts of Ms. McDougall about a possible future international convention on the protection of the rights of national or ethnic, religious and linguistic minorities. Hungary was satisfied with the choice of the first two topics of the Minority Forum; both the issue of minority education and that of effective political participation were highly relevant and touched upon key premises of this complex issue. Nevertheless, another important subject for future discussion was the question of the unrestricted use of minority language, Hungary underscored.

SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the task of the Independent Expert was both complex and challenging in the context of promoting implementation of the Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities. The report in particular focused on the important issue of the participation of minorities in the political processes of a country. The right to effective participation was a fundamental human right; however, it was unfortunate that in many cases minority communities remained unable to exercise their right of effective and meaningful participation in the political process of their countries. Effective participation of minorities in decision-making processes was a precondition for the full and equal enjoyment of the human rights of persons belonging to minorities. Governments must ensure provision of due political space to minorities in their societies. Muslims as a religious minority group were stigmatised as well as negatively profiled in some Western countries, restricting their likelihood to effectively participate in the political processes - the Organization of the Islamic Conference would like to know the views of the Independent Expert as to how these minority groups could enter the political setting of the respective societies where they were negatively profiled or stereotyped either with or without connivance by the public authorities.

ANNA CHAMBERS (United States) said that the United States strongly supported the work of the Independent Expert which aimed to combat discrimination and to highlight issues of concern relating to minorities. The United States also commended her on her work for the success of the Second Forum on Minority Issues. The history of the United States included their ongoing struggle to achieve equality in effective political participation for minorities. The Civil Rights Division at the Department of Justice was actively engaged in ensuring adequate protection of the right to vote. The Division had recently brought lawsuits under the Act challenging racially discriminatory elections systems in Florida, Ohio and New York.

MA YINGGANG (China) said the delegation of China had taken note of Ms. McDougall’s report. China believed that the effective participation of minority groups would help guarantee their legal rights, and contribute to enhancing the social status of minority groups and social harmony. The effective enhancement of their educational level was also important. China had many minorities and the Government had already developed national policies aimed at promoting common prosperity to guarantee the equality of minority groups and their effective participation in State politics and culture. Furthermore, the percentage of minorities in the National People’s Congress were greater than that in the total population. China would continue to promote participation by minority groups and ensure their rights.

NICOLE RECKINGER (European Union) said the European Union acknowledged the continuous engagement of the Independent Expert to undertake country visits in order to promote the implementation of the United Nations Declaration on the Rights of Persons Belonging to Minorities, and welcomed the cooperation and constructive attitude of countries she had visited recently. However, the European Union was still very concerned that despite repeated requests, several States, among them Iran, Sri Lanka and China, had not responded to requests for visits. Could the Council help facilitate communications with these States, and how in general should it react to persistent patterns of non-cooperation, the European Union asked. Women belonging to minorities experienced unique challenges and multiple discrimination - how could these experiences be fed more systematically into the work of the Human Rights Council; could the Independent Expert please elaborate on how in future she envisaged the cooperation with the treaty bodies in the context of the Minority Forum, the European Union asked.

FRANTZ DORSAINVILLE (Haiti) said Haiti thanked the Independent Expert for her report and her presentation. Haiti attached great importance to the mandate of the Independent Expert and commended her commitment. Minorities had often been victims of discrimination and humiliation in all parts of the world. Since her mandate consisted of promoting the implementation of the 1992 Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities, Haiti had received information from sources showing difficulties in the implementation of the Declaration. What strategies were the Independent Expert planning that would overcome these difficulties?

VAHEH GEVORGYAN (Armenia) said Armenia encouraged the cooperation of the Independent Expert on minority issues with existing relevant United Nations bodies, mandates and mechanisms, including the Committee on the Elimination of Racial Discrimination. Ms. McDougall rightly noted that that served as an important platform for dialogue on issues relating to national, religious and linguistic minorities. Armenia had further noted that Ms. McDougall’s recommendations placed a particular emphasis on minorities that were concentrated in a single geographic area. Given the reluctance of many States to provide territorial administrative autonomy to such groups, Armenia would be interested to learn about the Independent Expert’s opinion on possible arrangements that would particularly advance cultural and linguistic autonomy in certain regions. And could Ms. McDougall share any best practices in that regard?

OSITADINMA ANAEDU (Nigeria) said Nigeria had always made a conscious effort to address the concerns of the rights of persons belonging to national, ethnic, religious and linguistic minorities and this issue had always been on the top of the agenda for the Government at the federal, State, and local Government levels. The report focused on the significant issue of the participation of minorities in the political process of a country. The right to effective participation was a fundamental human right, which was provided for in a number of key international legal instruments. In some parts of the world, many minority communities remained unable to exercise their right of effective and meaningful participation in the political process of their countries. Denial of this right for minorities limited their meaningful participation in their respective societies, and their concerns needed to be properly addressed. It was imperative for Governments with minority populations to ensure the provision of necessary political space to minorities in their societies, including access to decision-making positions. Restriction of persons belonging to minorities led to stigmatisation, which sometimes led to their being negatively profiled in some countries, which, no doubt, limited their chances to effectively participate in the political processes either at local or national level.

ROMAN KASHAEV (Russian Federation) thanked the Independent Expert for her report. The Russian Federation very much valued her contribution in protecting the rights of minorities. The Forum on Minorities and its recommendations were very relevant. States had to ensure the rights of minorities to participate in the political life of their country. This was not the case in many developed democratic countries. Persons stripped from their citizenship were automatically deprived of their right to participate in the political life of the country. Cases of massive statelessness were alarming. There were situations where almost a third of the population was deprived of citizenship. Since the report on statelessness by the Independent Expert, the situation had not much changed. The Independent Expert should continue studying this issue.

EVGENY LAZAREV (Belarus) said Belarus believed that the promotion and protection of minorities was an important component of the international human rights system. For Belarus, an important factor in ensuring inter-ethnic stability had been the promotion and protection of various cultures in the country. The question of inter-ethnic relations was governed by Belarus’ law on ethnic minorities. An Ombudsman for religious and ethnic rights had also been set up to ensure the rights of ethnic groups and other minorities living in Belarus. Further, representatives of various bodies had participated in the development of Belarus’ Universal Periodic Review report, and some schools in the country used Polish and Lithuanian language as language of instruction. In concluding, the delegation stated that Belarus intended to continue its policy on tolerance and rights of minorities.

FANIS MAZEIKS (Latvia) said the Independent Expert had pursued her work in a very constructive and cooperative way since the presentation of her last report, and she had undertaken a wide scope of activities. As a country that had historically attached great importance to the issues of national minorities and whose mechanisms for the promotion of minority rights were first established more than 90 years ago, Latvia followed the work of the Independent Expert with much attention. Latvia appreciated that the Independent Expert had continued to give high priority to the issues relating to minority women, and noted with appreciation the continuation of the established practice of holding fora dedicated to minority women's views and concerns during her country visits, the latter which provided an excellent tool for raising awareness and providing advocacy. The issue of minorities and the media continued to be among possible thematic subjects for the future meetings of the Forum on Minority issues. Access to media in the native language was one of the elements that helped maintain the identity of minorities. Latvia wished to support the issue of minorities and the media as a future thematic subject for the Forum on Minority issues.

KATHARINA ROSE, of Canadian Human Right Commission, congratulated the Independent Expert for her informative report, as well as for her efforts in the promotion and protection of the rights of minorities in Canada. Canada had one of the most diverse populations. This diversity contributed to enriching Canada. However, certain problems remained, such as lower employment rates for minorities. Minorities were also underrepresented in the civil service. Racial profiling should also be prevented by documenting and surveying procedures.

KATHRYN RAMSAY, of Minority Rights Groups International, thanked the Independent Expert on minorities for her excellent work. Minority Rights Groups International was encouraged by the level of engagement that actors such as States, non-governmental organizations and the United Nations had shown in that regard. Minority Rights Groups International welcomed the Independent Expert’s engagement with United Nations actors to enhance their work on minority rights, especially the work with the United Nations International Children's Emergency Fund. Lastly, it reiterated that the mandate of the Independent Expert was vital to some of the most marginalized minorities around the world.

BESIL OZKAYA, of Syriac Universal Alliance, said the Syriac Universal Alliance agreed with the recommendations in the Independent Expert’s report. Political participation as a minority implied that the community was actually recognized as a minority, which was not always the case. The Council should not only promote education of minorities, but also of Governments as to why it was important to recognize and support minorities in the first place. The issue of minorities which had dispersed in a Diaspora was also complicated, as was the situation of minorities whose Governments had silenced them. What happened if a country did not recognize certain minorities, the Syriac Universal Alliance asked.

Mr. R. K. JOSHI, of Commission to Study the Organization of Peace, said that they fully appreciated the Independent Expert for her report, as well as the high priority she had given to the issue of minority women in Jammu and Kashmir. In the past, that State had been famous for its religious harmony among several religions, with members of the various religions participating in the festivities of the other religious groups. It was important to see how one could make terrorist organizations disintegrate and for their members to reintegrate into society.

Concluding Remarks

GAY MCDOUGALL, Independent Expert on Minority Issues, thanked Kazakhstan and Canada for their comments on her missions there. In response to what Canada said on racial profiling, she said that her report had indicated reports from numerous groups on their views of being harassed or profiled by police, a consistent and common issue that was raised. The Independent Expert suggested that the Government take steps to allow it to refute those allegations with statistics. That was crucial in order to refute those and to be able to take corrective actions where they might be needed. On best practices, she pointed to the work of Statistics Canada and its attempt to provide disaggregated data on racial and other lines, urging them to go further so that police work could be done on minority groups. The Independent Expert thanked a number of countries for their comments. On her work with the United Nations International Children's Emergency Fund and the United Nations Development Programme, she hoped that those would lead them to a comprehensive policy guidance note in dealing with minorities in their fieldwork. The Independent Expert thanked Migrant Rights Group International for suggesting regional seminars to follow up on the recommendations of the Minorities Forum.

There had been a number of comments on women’s issues. Men and women experienced discrimination differently. The forums had given the Independent Expert an opportunity to understand and to raise those differences. The voices of women from minority groups were critical to her work. She had been asked about strategies with respect to countries that had not responded positively to requests for visits. That had to be constantly addressed by the Council. The Special Procedures had to take up those issues and remind countries of outstanding invitations. There had also been questions on how excluded minorities could be better included in political structures especially if they had been subjected to stereo types.


For use of the information media; not an official record

HRC10/032E