HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE PROMOTION AND PROTECTION OF ALL HUMAN RIGHTS

The United Nations Deputy High Commissioner for Human Rights this morning presented to the Human Rights Council thematic reports from the United Nations Secretary-General and the High Commissioner for Human Rights, and the Council then held a general debate on the reports and on its agenda item on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the rights to development.

In introducing the thematic reports of the Secretary-General and High Commissioner, Kyung-Wha Kang, Deputy High Commissioner for Human Rights, said they included the report by the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights; the report of the High Commissioner on the consultation convened by the Office of the High Commissioner for Human Rights on operationalising the framework for business and human rights; reports on human rights in the administration of justice, including juvenile justice by the Secretary-General and the High Commissioner; the report on the expert workshop on the right of peoples to peace; and the report on the outcome of the expert consultation on protecting the human rights of civilians in armed conflict.

In the general debate, delegations said, among other things, that it was vital that human rights defenders and other human rights workers be able to work with the United Nations and its mechanisms without fear of reprisals. If such people were not allowed to operate freely, then the human rights system could not function. States should ensure that all persons could cooperate with the United Nations mechanisms, and address these critical issues, investigate all cases of reprisals, and provide information to the Human Rights Council on steps taken to prevent such acts and prevent recurrences in the future. States expressed appreciation for the efforts to operationalise the framework for human rights and business, which was wide-ranging and results-oriented. Although States interacted with business in numerous ways, many currently lacked adequate policies and regulatory arrangements for effectively managing the complex business and human rights agenda. There was an urgent need for all parties to consider the human rights implications of long-term investment projects at the contracting stage, thereby reducing subsequent problems. Speakers welcomed the report on the administration of justice and pointed to a number of concerns related to the detention of children. Detention was not used as a measure of last resort and for the shortest appropriate period of time. Also, diversion, alternatives to detention and social reintegration continued to be rarely applied. Children were often detained in appalling conditions that violated their dignity and development. The Human Rights Council was urged to effectively seize upon the question of juvenile justice and address this issue more comprehensively in the framework of the Universal Periodic Review.

Speaking were the delegations of Spain on behalf of the European Union, France, Russian Federation, Pakistan, Norway, United Kingdom, United States, Hungary, Ghana, Colombia on behalf of the Group of Latin American and Caribbean Countries, Algeria, Tunisia, Holy See, Malaysia, Iceland, Libya, Australia, Switzerland, Portugal and Morocco.

Also speaking were the following national human rights institutions and non-governmental organizations: Commission on Human Rights of the Philippines, International Service for Human Rights, Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, the Cairo Institute for Human Rights Studies, the World Organisation Against Torture, the Norwegian Refugee Council, France Libertés: Fondation Danielle Mitterrand, the International Association of Democratic Lawyers, Associazione Comunita Papa Giovanni XXIII, Movimiento Cubano por la Paz y la Soberania de los Pueblos, the Society for Threatened Peoples, Centre on Housing Rights and Evictions, Centrist Democratic International, Union of Arab Jurists, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, the International Human Rights Association of American Minorities, the Charitable Institute for Protecting Social Victims, Interfaith International, the International Club for Peace Research, the Commission to Study the Organization of Peace, Liberation, the European Union of Public Relations, the Institute for Women’s Studies and Research, the International Institute for Peace, the International Institute for Non-Aligned Studies, the Indian Council of Education, the Centre for Human Rights and Peace Advocacy, the World Muslim Congress, Union de l’action feminine, Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, Agence Internationale pour le Développement, Action Internaionale pour la Paix et le Developpement dans la Region des Grands Lacs, World Federation of Democratic Youth, Democracy Coalition Project, Inc., Helsinki Foundation for Human Rights, Indian Movement “Tupaj Amaru”, World Alliance of Young Men’s Christian Associations, North-South XXI, International Humanist and Ethical Union, Friends World Committee for Consultation, the Tides Centre, International Islamic Federation of Student Organizations, Al-Hakim Foundation and Amnesty International.

Speaking in right of reply were Uzbekistan, Algeria, Thailand and Morocco.

The Council today is holding a full day of meetings from 9 a.m. to 6 p.m. During its midday meeting, from 1 p.m. to 3 p.m., the Council will hold a general debate on its agenda item on human rights situations that require the Council’s attention.

Documents

The Report of the Secretary General on Cooperation with the United Nations, its Representatives, and Mechanisms in the Field of Human Rights, (A/HCR/14/19), provides an account of situations in which persons have reportedly been intimidated or suffered reprisals for having cooperated with the United Nations, its representatives and mechanisms in the field of human rights; for having availed themselves of international procedures; for having provided legal assistance for this purpose; and/or as relatives of victims of human rights violations.

The Report of the High Commissioner for Human Rights on Operationalizing the Framework for Business and Human Rights (A/HRC/14/29) contains the summary of the proceedings from the two-day consultation on the issue of human rights and transnational corporations and other business enterprises. The meeting brought together the Special Representative of the Secretary General, business representatives, non-governmental organizations, and representatives of victims of corporate abuse to discuss ways to operationalize the “Protect, Respect, Remedy” framework on business and human rights.

The Summary of Proceedings of Side Events on Operationalizing the Framework for Business and Human Rights (A/HRC/14/29/Add.1) describes the numerous side events that were organized during the two-day consultation on the issue of human rights and transnational corporations. The topics of the six events ranged from investment agreements and human rights to how corporations impact human rights.

The Report of the High Commissioner for Human Rights on the Question of the Realization in all Countries of Economic, Social and Cultural Rights (A/HCR/14/33) outlines the activities of the Office of the High Commissioner for Human Rights, treaty bodies and Special Procedures in relation to the promotion and protection of economic, social and cultural rights.

The Report of the Secretary General on Human Rights in the Administration of Justice, Including Juvenile Justice (A/HRC/14/34) examines the latest developments, challenges and good practices in human rights in the administration of justice, including juvenile justice and conditions for women and children in detention, as well as the activities undertaken by the United Nations system as a whole. The report looks briefly at the long standing United Nations engagement with the issue of human rights protection in the administration of justice, and provides a short outline of the human rights norms and standards relevant in the administration of justice.

The Report of the High Commissioner for Human Rights in the Administration of Justice, Including Juvenile Justice (A/HRC/14/35) is based on information provided by Member States and organized according to the principal focus areas, particularly juvenile justice and the human rights of women and children in detention. In the report, common approaches reported by Member States are identified, including the grounding of national administration of justice regimes in human rights standards, the detention of children only as an approach of last resort, the existence of the possibility of diversion of juvenile cases from the regular court system, a focus on building a comprehensive approach to juvenile justice at the national level, and the importance of a functioning legal aid system, and of training on human rights for those working in the justice system.

Additional State Replies (A/HRC/14/35/Add.1) is currently unavailable. 6/07/10

The Report of the Office of the United Nations High Commissioner for Human Rights on the Outcome of the Expert Workshop on the Right of Peoples to Peace (A/HRC/14/38) summarizes the discussions held during the expert workshop on the right of people to peace, as requested by the Human Rights Council in resolution 11/4. The workshop, which included experts from all regions of the world, sought to clarify the content and scope of this right, propose measures that raise awareness of the importance of realizing this right, and suggest concrete actions to mobilize States, intergovernmental and non-governmental organizations in the promotion of the right of people to peace.

The Report of the Office of the United Nations High Commissioner for Human Rights on Preventable Maternal Mortality and Morbidity and Human Rights (A/HRC/14/39) identifies the human rights dimensions of preventable maternal mortality and morbidity in the existing international legal framework. It also includes an overview of initiatives and activities within the United Nations system to address causes of preventable maternal mortality and morbidity and identifies how the Council can add value to existing initiatives through a human rights analysis.

The Report of the Office of the United Nations High Commissioner for Human Rights on the Outcome of the Expert Consultation on Protecting the Human Rights of Civilians in Armed Conflict (A/HRC/14/40) summarizes the discussions held during the expert consultation on the issue of protecting the human rights of civilians in armed conflict. The expert consultation was held on 31 March 2010 and was open to the participation of Governments, regional organizations, relevant United Nations bodies and civil society organizations, and was conducted in consultation with the International Committee of the Red Cross.

Statement by Deputy High Commissioner for Human Rights

KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, introducing the thematic reports of the High Commissioner and the United Nations Secretary-General, said there was a report by the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, which contained a compilation and analysis of alleged reprisals and intimidation against persons who sought to cooperate or had cooperated with the United Nations, its representatives and mechanisms in the field of human rights, as well as recommendations on how to address the issues of intimidation and reprisals. The report concluded that the seriousness of reported acts of reprisal reinforced the need for States, in cooperation with the United Nations, its representatives and mechanisms in the field of human rights, to continue to take urgent steps to help prevent the occurrence of such acts and ensure that they were not treated with impunity.

On the report of the High Commissioner on the consultation convened by the Office of the High Commissioner for Human Rights on operationalising the framework for business and human rights, this was in response to Human Rights Council resolution 8/7 which requested the Office to convene a two-day consultation to discuss the ways and means to operationalise the Protect, Respect, Remedy framework for business and human rights. The consultation took place in October 2009. The Council also had before it the report on the question of the realization in all countries of economic, social and cultural rights, which outlined the work of the Office, treaty bodies and Special Procedures in relation to economic, social and cultural rights during 2009, and also covered activities of the Office in assistance to and technical cooperation with States, United Nations agencies, civil society and other relevant stakeholders.

The Council had requested in resolution 10/2 that the Office and the Secretary-General provide reports on human rights in the administration of justice, including juvenile justice. The first of these, the report of the Secretary-General, provided a brief overview of the relevance of human rights standards in the administration of justice, along with an account of the long-standing United Nations engagement on the issue; it then focused on important developments and activities undertaken by the United Nations system since the last report in 2007, and outlined some of the current challenges and promising practices in protecting human rights in the administration of justice. The High Commissioner's report contained a wide array of information provided by 29 Member States. The report drew attention to a number of common approaches among Member States in grounding national administration of justice regimes in international and regional human rights standards.

The next report arose from Human Rights Council 11/4, requesting the Office to convene an expert workshop on the right of peoples to peace, which latter was held in December 2009. In response to resolution 11/8, in which the Council requested the Office to prepare a thematic study on preventable maternal mortality and morbidity and human rights, and follow up with an interactive dialogue, a report was submitted which identified the human rights dimensions of maternal mortality and morbidity, and emphasised how a human rights-based approach could be an effective way to accelerate progress on Millennium Development Goal 5. Finally, in response to resolution 12/5, the Office had prepared a report based on the outcome of the expert consultation on protecting the human rights of civilians in armed conflict, which summarised discussions on the issue.

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

JAVIER GARRIGUES (Spain), speaking on behalf of the European Union, reaffirmed that all human rights were universal, indivisible, interdependent and interrelated and all States had the legitimate and permanent responsibility to promote and safeguard all human rights in a fair and equal manner. The European Union noted that one of the priorities mentioned by the Deputy High Commissioner was to pursue economic, social and cultural rights in combating inequalities and poverty. In this light, the European Union believed that these rights had to be further and substantially advanced and always in parallel with civil and political rights, given their interdependence and complementarity. Europe was the region of the world that welcomed the largest number of migrants every year. As such, its migration policy was based on solidarity, mutual trust, partnership, and shared responsibilities. The European Union delegation addressed a slue of other issues, which included violence against women, the principle of non-discrimination, human rights and counter-terrorism, and the protection of civilians and their human rights in situations of armed conflict.

EMMANUEL PINEDA (France) said violations of free access to the Internet were multiplying and taking the form of censure of political or social contents, resulting in arrests, intimidations or surveillance of networks. Violations of freedom of communication that prevented populations from exercising their rights to information were more and more frequent. France was aware of threats and risks that existed for cyber-journalists, particularly in countries where freedom of the press and expression were systematically violated. France said that over 80 countries had banned same sex relationships and France deplored the many violations of human rights of same sex couples. In 2008, 67 countries had associated themselves with the declaration on human rights, sexual orientation and gender identity, that had called for global decriminalisation of homosexuality. France had created a fund whose objective was to propose a common structure between different public and private partners engaged in combat against homophobia and transphobia. This fund was already operational and open for contributions by private and public entities. The Council had to assume its responsibilities and address all kinds of discrimination, including those affecting sexual minorities.

ALEXEY GOLTYAEV (Russian Federation) said with regard to the framework on interaction between business and human rights, the discussion had brought a positive contribution to this subject. On the issue of implementing economic, social and cultural rights, the Russian Federation supported the initiative of the High Commissioner on emphasising these rights as a priority area for activity. Russia had consistently spoken for a depoliticised approach to implementing all human rights, civil and political rights and economic, social and cultural rights. All categories of rights must gain the same attention, including in the Office, the proceedings of the Council, and the Universal Periodic Review. Implementing human rights should be done whilst taking into account the economic and cultural specificities of societies - this would ensure universal respect for human rights. Diversity among cultures and civilisations must be maintained. The situation was unacceptable when, under the pretext of respecting human rights, models of social structure were imposed. Unfortunately, the work of the Council was continuing some of the drawbacks of the work of the Commission, including politicisation, selectivity and double standards. The upcoming review of the Human Rights Council must be aimed at strengthening and optimising its activities, and must focus on the drawbacks, which were mainly of a technical nature.

MARGHOOB SALEEM BUTT (Pakistan) said Pakistan would make its statement on the right to self-determination. This right was an essential prerequisite for the genuine exercise of other human rights and freedoms. Only when self-determination had been achieved could a people take the measures necessary to ensure human dignity and the full enjoyment of all other rights without any form of discrimination. Its universal acceptance made it a cornerstone right of the United Nations system. Indeed, the majority of United Nations Member States had used this right to obtain independence and sovereignty. Legitimate struggles for self-determination could not and should not be misrepresented by equating them with terrorism. Having itself gained independence through the right to self-determination, Pakistan had always extended political, moral and diplomatic support to the exercise of this right. However, even to this day, this right continued to be denied to some on different pretexts. The two obvious examples of this were Palestine and Jammu and Kashmir. Kashmiri people continued to be subjected to repression and widespread human rights violations. With regard to the situation in Jammu and Kashmir, the Human Rights Council and the international community should also play their due role to expedite the early and peaceful resolution of this issue.

BENTE ANGELL-HANSEN (Norway) said that the effectiveness and credibility of the Human Rights Council depended on its ability to interact with right holders throughout the world and it was imperative that they were able to provide information to Special Rapporteurs, treaty bodies, United Nations country teams and other parts of the United Nations without fear for their life or security or that of their families. The report of the Secretary-General on cooperation with the United Nations in the field of human rights contained alarming information about incidents of reprisals. Norway was deeply concerned about the findings of this report and encouraged both States and relevant parts of the United Nations to give due attention to its content and conclusions. Norway agreed with the Special Representative on transnational corporations that a key challenge to better protection against corporate human rights abuse was to narrow and bridge the governance gap that provided the permissive environment for wrongful act by companies of all kinds. Norway looked forward towards the process of consultations in the coming years on the guiding principles that would provide clarity and improve protection. Norway was convinced that those guiding principles were needed and it was of utmost importance to work for their strong and positive sanction by the Human Rights Council.

BOB LAST (United Kingdom) said the United Kingdom had read the reports with considerable interest, and believed they offered a great value for Member States. On the report of the Secretary-General on cooperation with the United Nations, its representatives and mechanisms in the field of human rights, this contained important information requiring the urgent consideration of Member States. It was vital that human rights defenders and others working in human rights be able to work with the United Nations and its mechanisms without fear of reprisals. If such people were not allowed to operate freely, then the human rights system could not function. States should ensure that all persons could cooperate with the United Nations mechanisms, and address these critical issues, investigate all cases of reprisals, and provide information to the Human Rights Council on steps taken to prevent such acts and prevent recurrences in the future.

JOHN C. MARIZ (United States) said the United States looked forward to discussing practical ways that the Human Rights Council could promote and protect human rights and human dignity through its resolutions and other work. While the United States did not always agree entirely with every report, it recognized the importance of the mandate holders, who served a vital function in drawing attention to and providing recommendations on pressing human rights situations around the world. The United States also welcomed the focus of this session on gender issues. Women’s rights were human rights and there was still much work to be done in terms of addressing discrimination against women. Finally, the United States confirmed its commitment to addressing concerns of intolerance and discrimination and reaffirmed its eagerness to work with other members of the Council to renew the mandate of the United Nations Special Rapporteur on freedom of religion and belief. The United States had learned from its own imperfect past that free expression, including religious expression, strengthened social stability by fostering a climate of respect and understanding among diverse communities.

KLARA TUNYOGI AKOTS (Hungary) said Hungary thanked the Deputy High Commissioner for the comprehensive overview of work of the Office of the High Commissioner for Human Rights. The Millennium Development Goals were both the prerequisite and the result of respect for human rights and Hungary considered that democratic governance was the key element for the respect of human rights and for development. Hungary supported development projects in the area of health and in other sectors where it had comparative advantage, such as rebuilding of institutions and transition processes. Hungary had become a member of the Council one year ago and had since promoted a number of resolutions, organised side events and joined different other initiatives. Gender equality was another issue of high importance and Hungary highly valued the report on remedies for women victims of violence. The report of the Secretary-General on cooperation in the field of human rights contained some alarming findings and Hungary commended the countries that had already taken steps to address the allegations. Hungary welcomed the report on the independence of the judiciary and said that independent and impartial judges and lawyers played a crucial role in combating impunity and promoting human rights. Hungary had started preparations for its Universal Periodic Review which would take place in one year and intended to include the experience gained during the eighth round.

MERCY YVONNE AMOAH (Ghana) said Ghana appreciated the efforts to operationalise the framework for human rights and business, which was wide-ranging and results-oriented. Although States interacted with business in numerous ways, many currently lacked adequate policies and regulatory arrangements for effectively managing the complex business and human rights agenda. There was an urgent need for all parties to consider the human rights implications of long-term investment projects at the contracting stage, thereby reducing subsequent problems. International cooperation could help level the playing field, and efforts should be made to operationalise such cooperation, for the benefit of all. The report on the effects of foreign debt and other related international financial obligations of States on the full enjoyment of all human rights outlined certain issues regarding the adverse impacts of vulture fund activities on debt relief and on the capacity of poor countries to fulfil their human rights obligations and attain their development goals, as well as the need for firm global action to address this problem. Concrete measures were required and should be established to curb predatory creditor activity and preserve the gains from international debt relief efforts.

ALVARO ENRIQUE AYALA MELENDEZ (Colombia), speaking on behalf of the Group of Latin American and Caribbean Countries, said the Group of Latin American and Caribbean Countries would focus their intervention on the issue of migrants and their human rights. The right to life, personal freedom and security and the right to justice were not bound by borders and should be universally applied to all individuals. The Group of Latin American and Caribbean Countries unequivocally opposed any restrictive migration laws that categorically undermined the human rights of migrants. All States had an obligation to respect the human rights of persons on their territory, including those of asylum seekers and illegal migrants. They too were entitled to the full enjoyment of their human rights. The Group of Latin American and Caribbean Countries respected the freedom of States to manage their own immigration but they also had to ensure the protection of migrant rights.

SELMA MALIKA HENDEL (Algeria) said that the right to self-determination was a founding value of the United Nations and humanity could only be emancipated if the United Nations Charter was respected. People could not enjoy their internationally agreed rights, including economic, social and cultural rights and the right to development, without the right to self-determination. The principle of territorial integrity affirmed that people had the right to self-determination and the Sahrawi territory must be included on the list of occupied territories. Any call to invalidate this should be rejected and presented as a violation of human rights. The Council must respect the right of people to determine their own fate and to not be under the power of colonial or any other power. The Council must implement its mandate given to it by the General Assembly, and that meant to ensure the respect for the right to self-determination.

ABDELWAHEB JEMAL (Tunisia) said in the context of the interactive dialogue with the Special Rapporteur on independence of judges and lawyers, a non-governmental organization had alleged that the justice system in Tunisia was not independent. The independence of the judiciary was provided for in the Tunisian Constitution. All citizens were equal before the law, regardless of their allegiance. Nobody could be prosecuted or imprisoned for their political beliefs and no-one could be found guilty if this was not proven. As to the Bar of Tunisia, it was well known for being independent. The cornerstone of the justice system was the total freedom of lawyers to defend citizens. The administrators of justice had a mission that was set down by law, and their rights and prerogatives were set down by law. Disciplinary and judicial measures were applied whenever an abuse took place. To speak of impunity was to make unfounded accusations. Tunisia had always cooperated with mechanisms of human rights defenders. Tunisia believed that good policies were not measured by the discussion they gave rise to or the promises they sought to make, but should be judged by their impact on the society.

SILVANO TOMASI (Holy See) said the Holy See wished to raise additional concerns regarding the need for effective action in order to guarantee universal access to medicines and diagnostic tools for all persons. The Catholic Church provided a major contribution to health care in all parts of the world. Nearly two billion people lacked access to essential medicines. One group that was particularly deprived was children and many essential medicines had not been developed in appropriate dosages specific to paediatric use. Thus families and health care workers were often forced to engage in a “guessing game” on how best to divide adult size pills for use by children. The Holy See was well aware of the complexities inherent in the intellectual property aspects related to the issue of access to medicines. Nevertheless, the Holy See urged the Human Rights Council to renew its commitment as a key stakeholder in efforts to assert and safeguard the right to health.

SITI HAJJAR ADNIN (Malaysia) said that while Malaysia remained supportive of the work of Special Procedures, it was concerned about several issues concerning the discharge of their mandates. Several mandate holders had produced reports or studies that had not been requested nor mandated by the Council. A transparent and inclusive approach, particularly in dealing with sensitive or controversial thematic human rights issues, would contribute towards building confidence and trust among stakeholders. Malaysia was also concerned that an increasing number of reports and studies were being made available at the last minute, which meant they did not receive and benefit from the necessary consideration by the Council. Malaysia strongly believed that the Special Procedures must prioritise the delivery of reports and studies that had been expressly mandated to them. The increasing proliferation of reports not specifically mandated by the Council raised the question of allocation of resources among mandate holders, some of which were better funded than others, and Malaysia urged the Office of the High Commissioner for Human Rights to continue ensuring that all mandates were adequately resourced and supported by the Office without discrimination.

VERTURLIDI THOR STEFANSSON (Iceland) said the connection between respect for human rights, including the rights of women, and sustainable security and peace were clear. This was recognized by the United Nations Security Council for the first time when the Council adopted resolution 1325 on women, peace and security in 2000. This autumn the international community would commemorate the tenth anniversary of resolution 1325. Although some progress had been achieved in the last decade, there was still much work to do. Women remained largely sidelined from peace processes, and women's rights continued to be violated in situations of conflict worldwide. The Icelandic Government attached great importance to women's empowerment in all sectors of society, and had itself experienced the positive impacts of a more just and equal society. A world where both men and women took part in shaping and deciding how the society should be run and took part in distributing shared resources and deciding how to respond to problems and threats was a safer and better world.

HASNIA MARKUS (Libya) said that the Universal Declaration on Human Rights had affirmed the rights of all mankind to justice and peace. The right to live in peace and security was inherent and the international community had an obligation to help safeguard peace and to guarantee this right by preventing wars. The Arab Charter of Human Rights, to which Libya was a signatory, linked human rights to international peace and security. Solidarity and amicable relations were essential in safeguarding this right and needed to be promoted around the world. In closing, Libya restated that peace and security were the foundations of human rights and were integral to fostering sustainable development and prosperity. Finally, Libya called on the Human Rights Council to set up an open Working Group on the issue of the right to peace, in addition to creating a specific mandate and dedicating a Special Rapporteur to the right to peace.

ANGELA ROBINSON (Australia) said Australia was strongly committed to realising gender equality and recognised that both women and men had an equal role to play in all aspects of society. Women’s rights were crucial to achieving gender equality, but all too often were not seen as central to the achievement of human rights. The year 2010 marked the fifteenth anniversary of the Beijing Declaration and Platform for Action and this landmark document had set the path towards gender equality. Together with the Convention on the Elimination of all Forms of Discrimination against Women, and the United Nations Millennium Declaration, it formed the international framework for the empowerment of women and the advancement of gender equality. National human rights institutions also played a critical role in promoting women’s rights and achieving gender equality at the national and international level. Australia played a leading role in the development of a joint statement distributed at the fifty-fourth session of the United Nations Commission on the Status of Women, that had called for greater participation of and independent status for national human rights institutions in the deliberations of the Commission consistent with the role they played at the Human Rights Council and other United Nations bodies.

MURIEL BERSET (Switzerland) said Switzerland thanked the Secretary-General and the High Commissioner for the substantive reports, which should be discussed separately. Switzerland welcomed the report on cooperation with the United Nations in the field of human rights, which reaffirmed the importance of cooperation by States with mechanisms that protected human rights, and the need to combat impunity. In the Democratic Republic of the Congo, a recent case was added to those mentioned in the report, with the decease of Floribert Chebaeya Bahizire, a human rights defender, and the authorities should investigate the drama impartially and transparently. Kenya had promised to investigate the murder of two human rights defenders, but there was no information available on this investigation. There were allegations of heavy prison sentences in Myanmar for having exercised the freedom of expression, and similar cases in Venezuela. All States should issue a permanent invitation to the Special Procedures.

PEDRO RODRIGUES DA SILVA (Portugal) said Portugal welcomed the work of the Committee on Economic, Cultural and Social Rights, and specifically the issuance of two general comments, on the clarification of the principle of non-discrimination and on the right to participate in cultural life. The opening for signature of the Optional Protocol to the International Covenant on Economic, Social and Cultural and Rights, and the fact that 32 States had already signed it, reflected the positive trend in closing the protection gap affecting these rights. Portugal would present to the Human Rights Council a draft resolution on the “question of the realization in all countries of economic, social and cultural rights” and it looked forward to working with all delegations to reach a positive consensus on this resolution.

OMAR HILALE (Morocco) said that international law and international human rights law granted the importance of the universality and indivisibility of human rights. The progress made globally in the promotion and protection of human rights was indicative of the commitments of States towards human rights. The changing nature of human rights went against obsolete interpretation of international human rights law and the United Nations Charter and their aim was to instrumentalise human rights and create an atmosphere of mistrust. The position of Algeria on the Western Sahara and the camp Tinduf was unacceptable for the maintenance of good neighbourly relationships. Human rights were constantly changing and therefore Algeria was a supporter of self-determination but had done so from a totally contradictory position and it was not for the population of the Western Sahara but against Morocco. Its double-standard position was not constructive and was indicative of the hegemonistic intentions of Algeria. Self-determination would not enable States to resolve this problem and States needed to create conditions for the local democratisation and in this context the independence of the Moroccan Sahara through local autonomy would enable unity in the Maghreb. Looking in the past would not be supportive of the stability of the whole Maghreb region.

KATHARINA ROSE, of Commission on Human Rights of the Philippines, said the report on reprisals against persons who cooperated with United Nations human rights mechanisms was very important. Often people felt that domestic remedies were unavailable, and reprisals and intimidations impeded the international community from learning about the situation on the ground. Hearing the heated reactions of some States parties when mandate holders presented their reports begged the question of what were the limits on the freedom of opinion and expression of a mandate holder. Many mandate holders still did not fully engage with national institutions, and the Council should remind them that this was part of their mandate. Council members should give due consideration to a resolution on strengthening the human rights-based approach to combating trafficking in human beings.

KATRINE THOMASEN, of International Service for Human Rights, said there were 14 reported cases of threats, intimidation and reprisals against persons that had sought to cooperate with the United Nations, its representatives and mechanisms in the field of human rights, and the Governments in eight of the cases had not provided any information on measures taken to investigate the allegations, hold perpetrators to account, and provide remedies to the victims. In all cases, the Council should demand that an independent, prompt, and transparent investigation be carried out, that perpetrators were prosecuted, and that victims received reparations. The Council was doing too little to protect those that cooperated with or sought to cooperate with its mechanisms and procedures or with other parts of the United Nations system in the field of human rights.

DAVID FERNANDEZ PUYANA, of Federación de Asociaciones de Defensa y Promoción de los Derechos Humanos, reaffirmed the importance of human rights to peace. The Federacion de Asociaciones de Defensa y Promocion de los Derochos Humanos called for a Working Group on this particular topic in order to codify the human right to peace, which stemmed from the right to freedom. The Federacion de Asociaciones de Defensa y Promocion de los Derochos Humanos highlighted the progress made in regional declarations, including the Luarca Declaration and the Barcelona Declaration, the latter of which was signed on 2 June 2010. Finally, it urged the Human Rights Council to draft a universal declaration on the issue of the human right to peace.

LAILA MATAR, of Cairo Institute for Human Rights, said the Cairo Institute for Human Rights was deeply concerned about the deterioration of freedom of expression throughout the Arab Region since the beginning of 2009. In Egypt, repressive measures against bloggers and Internet activists had sharply increased. In Morocco, the last two years had witnessed increased censorship of the press, particularly in matters pertaining to criticism of the royal family. In Syria, there was zero tolerance for freedom of expression and several writers, bloggers, political activists and advocates for Kurdish minority rights were given long prison terms under unfair trials. In Yemen, the authorities had launched a full offensive against all forms of freedom of expression and ten newspapers were confiscated or banned last year. The Cairo Institute for Human Rights said that those measures threatened the future viability of all human rights reform efforts in the region.

AISHA RAHAMATALI, of World Organization against Torture, in a joint statement with Defence for Children International, welcomed the report on the administration of justice and pointed to a number of concerns related to the detention of children. Detention was not used as a measure of last resort and for the shortest appropriate period of time. Also, diversion, alternatives to detention and social reintegration remained rarely applied. Children were often detained in appalling conditions that violated their dignity and development. The World Organization Against Torture called upon the Human Rights Council to effectively seize upon the question of juvenile justice and would like this issue to be addressed more comprehensively in the framework of the Universal Periodic Review.

KATE HALFF, of Norwegian Refugee Council, in a joint statement with several NGOs1, said the Special Procedure's mandate on internally displaced persons should be extended, and the mandate-holder should continue to engage with national and international actors to comprehensively address the root causes and consequences of internal displacement. The Human Rights Council should attach particular importance on strong terms for the Special Procedure's continued support and capacity-strengthening activities with Governments, national human rights institutions and civil society organizations. The mandate holder should have a strong basis to liaise with the United Nations to give consideration to the human rights of women, children and other sub-groups of internally displaced persons with specific needs and encourage key United Nations agencies and mechanisms to collaborate closely in this regard.

Mme Oretta BONDITTINI DI POGGIO, of France Libertés – Fondation Danielle Mitterrand, in a joint statement with several NGOs2, said the anti-terrorist laws were still in force in Chile despite the Government's promise to revise and/or abrogate them, and were nowadays mainly aimed at criminalising the long-standing legitimate demands by the Mapuche that their territorial, social, political and civil rights be recognized. These specific acts of social protest could not be considered terrorist acts under international law, yet these anti-terrorism laws were being fully applied, with preventive custody terms applied as a precautionary measure, among others. The new administration should hasten to reform the Military Justice Code.

REX REYES, of International Association of Democratic Lawyers, in a joint statement with Indian Council of South America, Commission of the Churches on International Affairs of the World Council of Churches, and Franciscans International, thanked Professor Philip Alston for his trailblazing efforts on the issues of extrajudicial, arbitrary or summary executions. His report and recommendations on the Philippines in 2008 as well as his report to this fourteenth session of the Human Rights Council were outstanding pieces of work that human rights advocates and defenders in the Philippines found very instructive and helpful. The International Association of Democratic Lawyers appealed to the Council to urge the Government of the Philippines to stop Operation Bantay Laya, or Operation Freedom Watch as an anti-insurgency policy. Operation Bantay Laya made no distinction between civilians and armed combatants and its continued implementation had caused massive human rights violations whose victims had cut across all sectors of Philippines society.

STEFANO NOBILE, of Associazione Comunita Papa Giovanni XXIII, in a joint statement with several NGOs3, expressed the urgent need for better testing and treatment of HIV and AIDS. Some 2.1 million children under the age of 15 were living with HIV/AIDS around the world. Moreover, it was very difficult to diagnose the presence of HIV in infants and the only tools to do so were far too expensive and therefore inaccessible in low-income countries. Clearly, children had been neglected and continued to be so in the global fight against HIV and AIDS. The Associazione Comunita Papa Giovanni XXIII urged States to develop programmes that worked on and helped to reduce mother-to-child HIV transmission and to develop a greater paediatric focus in their national HIV/AIDS programmes.

OSIRIS OVIEDO, of Movimiento Cubano por la Paz y la Soberanía de los Pueblos, in a joint statement with several NGOs4, said the Movimento Cubano por la Paz y la Soberania de los Pueblos valued the efforts of the Office of the High Commissioner for Human Rights on the promotion and protection of human rights and fundamental freedoms of people in fighting terrorism. Cuban people knew what terrorism meant as they themselves had suffered terrorism for several decades from the United States. Today five Cuban fighters were arbitrarily detained in the United States. Movimento Cubano por la Paz y la Soberania de los Pueblos spoke out against those who perpetrated acts of terrorism and said that State territory should not be used to launch terrorist acts and called for effective remedy to Cuban victims of terrorism.

TENZING KAYTA, of Society for Threatened Peoples, said that the Special Rapporteur on the independence of judges and lawyers had thanked China in his report for its response to an urgent appeal on summary execution over the death sentences imposed on five Tibetans. The Society for Threatened Peoples wanted to alert the Council that since China’s communication to the Special Rapporteur two more Tibetans had been sentenced to death and 394 were sentenced to varying prison terms since April 2008. The question of Tibetans was whether the judiciary and judges could really be independent. The independence of the judiciary would be challenged when state agencies fabricated charges against revered and popular spiritual leaders to tarnish their images.

GOTZON ONANDA-ZERRAVE, of Centre on Housing Rights and Evictions, said with regard to the report on violence against women, this addressed the important issue of reparations due to women in situations of gender-based violence. The Centre on Housing Rights and Evictions welcomed the assessment of the Special Rapporteur, in particular that restitution measures encompass the recovery of lost property and place of residence. The Council should pay attention to the issue of housing, land and property restitution for women who had suffered the loss of their homes due to forced eviction, both in times of conflict and in times of peace. Strict judicial approaches to restitution did not always challenge pre-existing gender hierarchies, including those that resulted in women holding less property than men. Restitution and reparations could play an important and transformative role in ensuring justice and equality for women.

KHADIJA ROUISSI, of Centrist Democratic International, said displaced persons must benefit from the competent protection of United Nations bodies. The Universal Declaration of Human Rights stipulated that any person had the right to move freely and choose their residence. These provisions were not respected in a great number of armed conflict situations, where populations were kept in camps and were subjected to military controls. The Tinduf camp inhabitants did not have their rights respected, and it was immoral that whole generations had been sentenced to spending their whole lives in the camps.

ELIAS KHOURI, of Union of Arab Jurists, said that the realization of economic, social and cultural rights required a stable environment, one of peace and regional and internal security. These rights were essential to the sustainable economic development of persons, which took on additional importance in times of economic crisis that gripped the world from time to time. The preservation of these rights necessitated a rejection of occupation policies around the globe, which continued to fuel conflict and destroyed the economies of many countries. Another danger mentioned by the Union of Arab Jurists was financial speculation. There was a need to encourage better and more transparent investments. The Union of Arab Jurists hoped that the Council would take these factors into account in its ongoing work.

MICHELINE MAKOU DJOUMA Organisation pour la communication en Afrique et de promotion de la coopération économique internationale (Ocaproce International), addressed the Human Rights Council on the issue women and children and the violation of their human rights. Unfortunately, many countries continued to be mired in armed conflict. These conflicts continued to spread in many parts of the world and millions of women and children continued to live in fear and insecurity. The Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale urged all States to respect their human rights obligations and hoped that there was sufficient political will to help bring peace and security the world over, particularly to women and children. Finally, they highlighted the plight of women and children in Kashmir, the Democratic Republic of the Congo and Sierra Leone.

ISHTIYAQ HAMEED, of International Human Rights Association of American Minorities, said that human rights were interdependent and indivisible. Most of the people in the world were using their resources as best suited to them. Unfortunately, those people living under subjugation could not enjoy their freedoms, such as the people of Kashmir who had been constantly prevented from the enjoyment of their rights for more than 60 years. The occupied Kashmir Territory used to be paradise on earth and now the Indian army had turned the whole valley into a gigantic concentration camp. Kashmiri people considered the Human Rights Council as the protector and promoter of all human rights and called on the Council to persuade the Government of India to allow the Kashmiris to enjoy their basic and fundamental rights.

MARYAM SAFARI, of Charitable Institute for Protecting Social Victims, said that the enjoyment of human rights required the realisation of the right to development. Joining an international convention was no guarantee of respect for human rights, and what was needed was the commitment of States to deliver on their obligations. The Universal Periodic Review was of significant importance in monitoring the compliance of States in delivering on their international obligations. The Council could create a mechanism for monitoring for advancement of the implementation of its recommendations.

SHAUKAT KASHMIR, of Interfaith International, said his heart went out to human rights activists, human rights defenders and civil society defenders who had been facing multiple challenges in protecting human rights. In some places, minorities had been denied their rights in the name of religion and religion was often married with politics and promoted as state ideology. Fundamental human rights and the right to belief were not respected in many parts of the world and Interfaith International suggested that the United States, Canada and European States establish fact-finding missions to monitor the use of their funds.

STEPHAN CICCOLI, of International Club for Peace Research, said in parts of South Asia the natives lived under complete censorship, and their homeland had been converted into a military garrison. Local conditions had been banned for opposing destructive wars, which the military rulers intended to censor. Religious and cultural aspirations had been repressed and people punished by extra-judicial execution. Local publications were banned, and bomb attacks had been carried out to punish human rights defenders. In particular, circumstances in Pakistani occupied Gilgit-Baltistan mirrored an international humanitarian crisis. Indeed, Gilgit-Baltistan was witnessing a violation of every conceivable element of “self-determination” that Pakistan described elsewhere. Special attention by United Nations Special Rapporteurs to Gilgit-Baltistan would help to alleviate some of these grievances.

PASHA TREBINIZA, of Commission to Study the Organization of Peace, said that since 9/11 the issue of countering terrorism and at the same time protecting human rights had became a matter of serious concern and debate. The attack a few days back on 28 May on the Ahmedi Mosques in Lahore killing 70 persons shook the conscience of humanity. Yet Pakistan’s role on terrorism remained confused and contradictory. For decades, internal politics in Pakistan had been responsible for encouraging and strengthening fundamentalists and Jihadi elements. In conclusion, the Commission pointed out that such a complex dimension of terrorism created serious difficulties for protecting human rights.


SONA KANTI BARUA, of Liberation, said that Liberation was extremely concerned by the substantial increase in militant activities by the Naxalites in the North Eastern part of India. The situation was deteriorating and armed groups had even attacked Government buildings and schools. The increasing disparity between the haves and the have-nots in India had invited young and poor people to join the Naxalite movement in order to obtain their rights by force. The situation on the ground remained volatile and Liberation urged the Human Rights Council to take concrete and sustained measures to address the root causes that forced the Naxalites to resort to militancy to realize their fundamental human rights.

PIERRE-YVES BONZLI, of European Union of Public Relations, said that violations of human rights of women were a widespread and serious problem, and included domestic violence by their husbands or other relatives. In Pakistan, a large number of women in the tribal dominated areas were more at risk of human rights violations and one out of two was a victim of mental or physical violence. Women were reluctant to file charges as divorce might stigmatize them and make them more economically and psychologically vulnerable. Relatives were often reluctant to report abuse in order to protect the reputation of family. It was difficult to obtain justice for women in cases of domestic violence. Women suffered killings over dowry or other family-related disputes, or were burned to death in so-called “stove deaths”. Less than one third of rapes were reported to the police. Police were reluctant to take complaints and were sometimes implicated in those attacks.

SALIMEH DAREMI, of Institute for Women’s Studies and Research, said the Institute for Women’s Studies and Research believed that the full implementation of the right to development would make it possible for the greater enjoyment of all human rights throughout the world. Given the worldwide economical slump it was more vital to pay greater attention to the achievement of greater cooperation between States on this issue. Reaching consensus today on the notion and the ways toward sustainable development was as important as finding solutions on social, cultural and economic shortcomings. The Institute for Women’s Studies and Research suggested that the Council should develop a strong structure on foundations so that those fundamental rights could be realised for all without discrimination.

DANIEL MARTEL, of International Institute for Peace, said in many regions the Government had placed stringent controls on the media, forcing journalists to leave the country and censoring or closing down independent newspapers and websites. Military regimes and emergency conditions in parts of some South Asian countries had placed several checks on press and media for years. For example, conditions in Afghanistan, Pakistan, Sri Lanka and Nepal were not much conducive for media personnel to work fearlessly. The International Institute for Peace requested that the Special Rapporteur on freedom of opinion and expression visit those regions in South Asia and report on the status of restrictions placed on the freedom of the media.

NISAR HAQ, of International Institute for Non-Aligned Studies, said it was high time that the developed countries, rather than paying lip service to the cause of economic, cultural and social rights, performed their duty to create conditions for all human beings to enjoy all human rights wherever they were. It needed to be reminded to all that victims of poverty were in fact denied almost all human rights, not only those to adequate food, health care and housing. This Human Rights Council must send a message that “No one would sleep hungry” and that for that all must join hands.

Mr. A. S. NARANG, of Indian Council of Education, reminded Member States of the Human Rights Council that they had not only accepted the principles of the Universal Declaration on Human Rights but had also become party to various conventions and treaties. In all of these international instruments, the human rights of women and girls were inalienable, integral and indivisible. Unfortunately, the world in which they lived was characterized by a deep inequality between men and women. The world’s neo-liberal economic model and market driven policies had increased poverty and intensified inequalities between nations with the harshest impact falling on women, who represented the majority of the world’s poor. In closing, the Indian Council of Education reminded the Council that human rights were not just about liberty and freedom but also about equality and justice.

PIERRE-YVES BONZLI, of Centre for Human Rights and Peace Advocacy, said that it was extremely disheartening for the international human rights community to witness the increasing instances of strife and violence, intolerance and oppression and different forms of discrimination. The Centre for Human Rights and Peace Advocacy said that one major flaw was the absence of a universal code of education that would ensure that children in all parts of the world were provided a curriculum that emphasized the value of humanity, tolerance and enlightenment, and encouraged harmonious co-existence. Over the past decade, every single incident of terrorist violence had been traced back to Pakistan. The Centre for Human Rights and Peace Advocacy worried about the lives of civilians in South Asia who were today facing the brunt of this violence. Eradication of such ideologies had to be a top priority and a start had to be made by transforming the educational infrastructure of Pakistan.

SARDAR AMJAD, of World Muslim Congress, said that in Indian Occupied Jammu and Kashmir the gravity of human rights violations was increasing day by day. More than half a million Indian armed forces and intelligence agencies were enjoying impunity for gross and systematic human rights violations. The worst sufferers were women and children, and they suffered from rape, molestation, trauma and torture. More than 9,000 women were victims of gang rape and molestation. Since 1989 nearly 100,000 people had been killed in Indian occupied Kashmir and this had sired a generation of children lost to their fate and fear. Some 2,700 unmarked graves discovered by the tribunal for justice in the northern districts were believed to contain evidence on enforced disappearances, unlawful killings, torture and other abuses. The Indian Government did not respond to these allegations, nor did it start investigations, and this must be a concern for this Council.

AISHA RAHAL, of Union de l’action feminine, said that millions of women today were victims of human rights violations, and particularly in situations of armed conflict, mainly because of lack of domestic laws that protected them. The concern was not only physical but also psychological violence against women in camps in which the United Nations officials were not allowed entry. In the light of all this, the Union de l’action feminine highlighted the situation of women held in the camp of the Polisario, where they were forced to get pregnant and did not have access to water and sanitation. The Union de l’action feminine called on the Council to demand international access to this camp for human rights defenders to help the detained women.

MARTIN MALUZA, of Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples, said the Human Rights Council had decided to ignore the serious conclusions of the Expert group on the Democratic Republic of the Congo which had given proof of systematic and serious violations which had been perpetrated by the Congolese army towards the Congolese people. Also, Heads of State of the Democratic Republic of the Congo and Rwanda were enjoying full impunity following the recent and cowardly assassination of a human rights defender in the country. The Comité International pour le Respect et l’Application de la Charte Africaine des Droits de l’Homme et des Peuples asked the Council to set up an international, independent investigation to shed light on that assassination and to send a strong signal for the dignity of Africa.

CHERIF TEJGERT, of Agence Internationale pour le Développement, said Agence Internationale pour le Développement welcomed the work of the Special Rapporteurs and wished them every success in discharging their mandate. Agence Internationale pour le Développement had spared no efforts to promote and protect human rights and particularly wished to shed light on involuntary and enforced disappearances. Also, while the war in Mauritania was over, the civilian population was still suffering; Algeria must be held accountable for its actions and the Council must call upon the international community to provide help to the people interned in those camps of shame.

MAURICE KATALA, of Action internationale pour la paix et le développement dans la région des Grands Lacs (AIPD), said that the noble mission of protecting human rights required a commitment by all States to promote and enforce them under all circumstances. Human rights were indivisible and could not be distinguished or placed in a hierarchy. Involuntary and enforced disappearances, which continued to take place and cause pain to families around the world, needed to be addressed urgently. The organization urged the Human Rights Council to look into the disappearances that had occurred in Mauritanian refugee camps of the Polisario. The families of the victims had signalled 168 cases of disappearances and were desperate for further information and justice.

LALLA LEKHLIFI NHOBOUHA, of World Federation of Democratic Youth, referring to the report on the situation in the Western Sahara of 6 April 2010, said there was an insufficient international presence in this area and especially in the refugee camps near Tindouf. The rights of the people of the Western Sahara were integral and international standards and norms needed to be respected and enforced more diligently. It seemed that the occupying power, Morocco, was not yet ready to respect the rights of those found in the area and contained in the refugee camps. Moreover, the Kingdom of Morocco did not wish to clarify and discuss the hundreds of instances of disappeared persons in the Western Sahara, including 15 youth who were apprehended on 25 December 2005. In conclusion, the World Federation of Democratic Youth urged Member States to set up an international mechanism to monitor and enforce human rights in the region and to guarantee the respect of international human rights norms.

LAETITIA BADER, of The Democracy Coalition Project, expressed its concern regarding the limitations in the content of the Secretary-General’s report and the limited responses of the United Nations and the Human Rights Council. By focusing on reprisals against those who engaged with Special Procedures, the report had failed to reflect the true extent of the acts of intimidation and reprisals currently taking place. The recommendations were targeted primarily at States in question, while in the case of the East and Horn of Africa more often than not it was the non-state actors that were perpetrators of reprisals and the States were unable or unwilling to provide protection to those at risk. As a result individual Special Procedures mandate holders were left alone to deal with those acts. The lack of State response and protection could not be ignored by the United Nations and should be reflected in the recommendations in this annual report. The United Nations itself must take a more proactive and protective role and Democracy Coalition Project called on the Council to ensure that it took the lead by dedicating a permanent slot within the Council agenda to discussing the agenda, ensuring systematic follow-up and to systematically seek to raise the political costs of attacks on individuals cooperating with United Nations mechanisms.

LESLIE BUTTERFIELD, of Helsinki Foundation for Human Rights, said that the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression had taken up more than 41 cases of Tibetans and expressed its disappointment that the information provided by concerned governments in response to Special Rapporteur communications were not available neither in English nor in the original version. Today, more than 50 Tibetans, including 13 writers, were either in prison, had disappeared or faced torture due to expressing their views on the current situation confronted by Tibetan people. Helsinki Foundation for Human Rights urged the Chinese leadership to extend an invitation to the Special Rapporteur to conduct a fact-finding mission which would include all affected Tibetans since the March 2008 protests.

LAZARO PARY, of Indian Movement “Tupaj Amaru”, said systematic violations had been taking place in the Russian Federation, particularly against the indigenous population of the north. The Indian Movement “Tupaj Amaru” had published a book on self-determination of indigenous people but in 2005 federal security agents had entered the organization’s premises and confiscated all books. That was a violent act, which was typical of the colonial age, and a gross violation of the fundamental rights and freedoms of indigenous people who were not considered to be rights-bearers but rather objects of folkloric interest. Particular attention needed to be paid to the indigenous people living in the north of the Russian Federation.

CHRIS BARKER, of World Alliance of Young Men's Christian Associations, in a joint statement with Defence for Children International, said in many States detention was used as a norm rather than as a last resort. Another particularly challenging key area was paragraph 10 of Resolution 10/12 that stressed the importance of reintegration and rehabilitation strategies; only through this were former offenders able to assume a constructive role in society. The World Alliance of Young Men’s Christian Associations called upon all States to ensure that their justice systems were compliant with resolution 10/2. The full implementation of that would go a long way to making justice a reality for children and young people in conflict with the law.

DANIELA MC BANC, of North-South XXI, said the Council should ensure adequate support for the mandates of the Special Procedures and be vigilant in ensuring the implementation of their findings and recommendations. There was concern at the arrest and detention of Peter Erlinder by the Government of Rwanda for alleged statements made and views held. The Special Rapporteur on the independence of judges and lawyers should monitor the situation closely. There was also concern at the interference in the judicial system by the executive authorities in Iraq. This situation required close observation, as did the human rights situation in Iraq in general, as matters that needed to be discussed on the agenda of the Human Rights Council.

ROY BROWN, of International Humanist and Ethical Union, said the Joint Declaration on Challenges to Freedom of Expression was fully endorsed, and the International Humanist and Ethical Union shared the Special Rapporteur on freedom of expression's concerns regarding the criminalisation of criticism of beliefs, schools of thought, ideologies, religions, religious symbols and ideas, and the use of the notion of group defamation to penalise speech beyond the narrow and permitted scope of penalising incitement to hatred. The International Humanist and Ethical Union deplored limitations on the right to freedom of expression suffered by many minorities and disadvantaged groups such women, religious minorities, non-believers and sexual minorities. It was individuals, not ideas or beliefs that merited protection, and there was no right not to be distressed or offended. There was also concern that necessary limitations on hate speech towards certain minorities were frequently not applied, and in some States it seemed that it was actively encouraged by Governments.

RACHEL BRETT, of Friends World Committee for Consultation, welcomed the progress made in developing new draft United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders. The Committee called on all States to not only support the adoption of these rules but to work on their implementation as well. However, the Draft Rules only addressed a limited aspect of the impact of parental imprisonment on children. Only a small number spent time in prison with their parent and, in its investigations on the children of prisoners, the Friends World Committee for Consultation had been struck by how little research had been undertaken on the impact of parental imprisonment on their children. As such, the Friends World Committee for Consultation was pleased to note that the European Union had now funded a three-year research project entitled ‘Children of Prisoners: Interventions and Mitigations to Strengthen Mental Health’.

JULIE DE RIVERO, of Tides Center in a joint statement with Human Rights Watch, welcomed the confirmation in the report of the Special Representative of the Secretary-General on human rights and transnational corporations and other business enterprises. There was an important scope for the Human Rights Council to consider the actual and potential role of international law in further defining the corporate responsibility for human rights. With regard to the rights of victims to an effective remedy, the non-governmental organizations appreciated the Special Representative of the Secretary-General’s analysis of some of the obstacles to justice in cases of business-related human rights abuses. Finally, they reiterated that the existing human rights protection regime could play a vital role in addressing the gaps in protection and ensuring that affected individuals and communities had the capacity to defend their rights.

ALTAF HUSSAIN WANI, of International Islamic Federation of Student Organizations, said exercise of a people’s right to self-determination was an essential pre-requisite for the genuine exercise of all other human rights and freedoms. However, this right continued to be denied to some people, including those in Jammu and Kashmir. India’s repression in that area had led to wide-spread human rights violations while over half a million Indian armed forces enjoyed total impunity by virtue of draconian laws. During the last 20 years, over 100,000 people had been killed by the Indian forces, more then 1,000 had disappeared, and custodial killing, torture, rape and arbitrary detention had become the order of the day.

ABDUL AMIR HASHOM, of Al-Hakim Foundation, said women should enjoy equal status with men in all situations, but women and children often paid the highest price in armed conflict as they were among the most vulnerable groups and were often subjected to rape and torture. Nine years had elapsed since the offensive on Afghanistan but the rights of Afghani people were still violated on a daily basis and operations against terrorists had led to massive scale displacement. The Government and United Nations agencies, in collaboration with civil society organizations, must undertake in-depth analysis of the war on the well-being of the Afghani people so as to counter-act its negative impacts.

PETER SPLINTER, of Amnesty International, said the Thai Government was responsible for ensuring public security following protracted and at times violent demonstrations, but Amnesty International was concerned that the use of force during the dispersal of Red Shirt protesters was not in compliance with international human rights obligations. The intentional resort to lethal force by security forces went beyond what was strictly unavoidable in order to protect life, and the use of force may have resulted in extrajudicial executions, in violation of the right to life. The Government should investigate these allegations fully, and immediately make available verifiable information about all persons detained and imprisoned, including their identities, whereabouts and status.

Right of Reply

BADRIDDIN OBIDOV (Uzbekistan), speaking in a right of reply, said with regard to the statement made by the World Alliance of Citizens, in keeping with article 22 of the law of the country, the judiciary of Tashkent verified the activities of the non-governmental organization (NGO) that was mentioned, and it was found that there were violations of the law of Uzbekistan. The investigative materials were transmitted to the Prosecutor's Office, and in keeping with the findings criminal investigations were carried out and the matter was brought to trial, at which the judge found the representative of the NGO guilty, sentencing him to deprivation of liberty for two years. The representative was found to have abused his position and entered a criminal union with the book-keeper of the organization, with instances of money-laundering involving large sums, as well as tax evasion. He also used minors to sell drugs, and gave minors books encouraging them to take drugs. The statements made by non-governmental organizations were unfounded and were not in keeping with the development of a constructive dialogue within the Human Rights Council.

BOUALEM CHEBIHI (Algeria), speaking in a right of reply, said that Algeria was unjustly referred to by the delegation of Morocco earlier in the day. Indeed, Algeria had affirmed the right to self-determination in the Western Sahara and would continue to support this right and the right of any other unjustly occupied groups. Algeria supported and would continue to support any action taken by the United Nations on the self-determination of the Western Saharan people who remained under occupation. Furthermore, Algeria had never had territorial ambitions in the region of the Western Sahara and did not appreciate Morocco politicising the issue.

SIHASAK PHUANGKETKEOW (Thailand), speaking in a right of reply in response to the concerns voiced by Amnesty International, explained that the Thai security forces had used force only because they had been confronted with armed attacks and that they had been instructed to observe the principles of proportionality and necessity. The Thai Government was committed to full investigation and confirmed that all sides must be held responsible. In that regard, the Government had today announced the name of the person who would chair the independent commission that would investigate those acts of violence. The emergency decree explicitly stated that persons who had been arrested in this context would not be detained in police stations or detention facilities, lawyers would be given access to suspects, and information had been provided on where the 16 people who remained in custody were being held. Turning to the freedom of press, the delegation said the Government needed to take action against those media who had disseminated hatred, but it was working closely with the media to ensure that their fundamental freedoms were preserved. Thailand undertook to provide continued and updated information on the situation in the country.

OMAR HILALE, (Morocco), speaking in a right of reply, said once again Algeria was trying to mislead the Council by appealing to the right to self-determination of the so-called people of the Western Sahara, who were in fact Moroccans living in perfect peace in villages. Algeria was depriving sequestered families of the rights to assembly and freedom of movement, while impeding them from leaving the Tinduf, as it did its own Kabyle people, whose cultural rights it denied. Algeria was ignoring the other non-autonomous regions. Algeria had never said a single word on these 15 territories, as Algeria's only diplomacy was against Morocco, and its attitude was due to its psycho-static attitude. The answers to these questions for the international community was clear - Algeria was instrumentalising human rights in order to hide the massive human rights violations in Algeria, as testified by several reports, and was trying to shirk its international responsibilities in addressing this issue. Algeria was blocking any attempts to arrive at a politically-negotiated solution to the issue of the Western Sahara. There were thousands of men, women and children who decided to leave Tinduf, leaving their families behind as hostages, and finding their freedom again in Morocco - more than 500 in just over the last month.

1Joint statement on behalf of: Norwegian Refugee Council, Centre on Housing Rights and Evictions, Caritas Internationalis (International Confederation of Catholic Charities), Badil Resource Center for Palestinian Residency and Refugee Rights, Community and Family Services International, Jesuit Refugee Service, International Save the Children Alliance and Refugees International.

2Joint statement on behalf of: France Libertés – Fondation Danielle Mitterrand, Movement against Racism and for Friendship among Peoples, World Federation of Trade Unions, American Association of Jurists, and International Educational Development.

3Joint statement on behalf of: Associazione Comunita Papa Giovanni XXIII, Caritas Internationalis (International Confederation of Catholic Charities), Dominicans for Justice and Peace (Order of Preachers), International Institute of Mary, and International Volunteerism Organization for Women, Education and Development (VIDES).

4Joint statement on behalf of: Movimiento Cubano por la Paz y la Soberanía de los Pueblos, Asociacion Cubana de las Naciones Unidas, Organization for the Solidarity of the Peoples of Asia, Africa and Latin America, and Federation of Cuban Women.


For use of information media; not an official record

HRC10/067E