HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON THE IMPLEMENTATION OF THE VIENNA DECLARATION AND PROGRAMME OF ACTION

The Human Rights Council this afternoon held a general debate on the follow-up to and implementation of the Vienna Declaration and Programme of Action.

During the debate, speakers reiterated their attachment to the Vienna Declaration and Programme of Action, as well as to the principles of equality and universality. They expressed concerns about violence and discrimination against vulnerable groups, including women, children, lesbian, gay, bisexual and transgender persons, as well as religious and ethnic minorities and persons living under foreign occupation. Speakers underlined the important role of civil society in promoting human rights and the rule of law, and condemned acts of intimidation or reprisal against human rights defenders. Other speakers regretted that the Council continued to subordinate economic, social and cultural rights to civil and political rights, and regretted the proliferation of Special Procedures with politically-motivated and selective mandates.

Speaking were Mexico on behalf of a group of countries, Netherlands on behalf of the European Union, Mexico on behalf of another group of countries, Pakistan on behalf of the Organization of Islamic Cooperation, Russian Federation, South Africa, United Kingdom, China, Albania, Portugal, India, Venezuela, Slovenia, Morocco, United States, Spain, Pakistan, Iran, Israel, Sudan and Denmark.

The following organizations also took the floor: Australian Human Rights Commission, Action Canada for Population and Development, International Lesbian and Gay Association, World Young Women’s Christian Association, Libération, Pasumai Thaayagam Foundation, Commission africaine des promoteurs de la santé et des droits de l’homme, World Federation of Democratic Youth, Alliance Defending Freedom, Action internationale pour la paix et le développement dans la région des Grands Lacs, Espace Afrique International, British Humanist Association, Indigenous People of Africa Coordinating Committee, Sudwind, International Humanist and Ethical Union, Iraqi Development Organization, Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, World Muslim Congress, Americans for Democracy and Human Rights in Bahrain, Alsalam Foundation, World Barua Organization, International Islamic Federation of Student Organizations, Rencontre Africaine pour la défense des droits de l’homme, Conseil International pour le soutien à des procès équitables et aux droits de l’homme, Khiam Rehabilitation Centre for Victims of Torture, Prahar, Association Bharati Centre Culturel Franco-Tamoul, Association Burkinabé pour la Survie de l’Enfance, Society for Development and Community Empowerment, Organisation pour la communication en Afrique et de promotion de la cooperation économique internationale, Mbororo Social and Cultural Development Association, Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights, American Association of Jurists, Allied Rainbow Communities International, COC-Nederland, International Lawyers Organization, Global Helping to Advance Women and Children, and United Nations Watch.

The Council is having a full day of meetings today. At 3:30 p.m., it will commence an interactive dialogue with the Special Rapporteur on racism, xenophobia and related intolerance, followed by a general debate on the Durban Declaration and Programme of Action.


General Debate on the Vienna Declaration and Programme of Action

Mexico, on behalf of a group of countries, said that in light of the negotiations of the review of the United Nations Global Counter-Terrorism Strategy currently underway in New York, the promotion and protection of human rights, as well as respect for international humanitarian law, were and should remain at the core of any strategy against terrorism and its implementation. States were urged to investigate all human rights violations and abuses, including in the context of countering terrorism.

Netherlands, on behalf of the European Union, underlined that the universal nature of human rights included the responsibility to ensure equality, non-discrimination and protection from violence for lesbian, gay, bisexual, transgender and intersex persons. At least 76 States retained laws used to criminalize and harass persons on the basis of sexual orientation. The European Union supported the draft resolution on the “Protection against violence and discrimination based on Sexual Orientation, and Gender Identity”.

Mexico, on behalf of another group of countries, said that the United Nations had been founded on the principles of justice and freedom. The frameworks provided by the rule of law contributed to the rule-based international system. The rule of law within societies promoted human rights and vice versa. Rule of law lay at the heart of resilient societies, and was a tool to complement development. The Human Rights Council could play a key role in strengthening the rule-based international system.

Pakistan, on behalf of the Organization of Islamic Cooperation, recalled the principles of impartiality, objectivity and non-selectivity enshrined in the Vienna Declaration and Programme of Action. Pakistan was hence concerned with the increase of unnecessary and overlapping Special Procedures mandates, which ran in contradiction with the spirit of the Programme of Action. It underlined the importance of the Universal Periodic Review to address human rights issues through a universal, positive and constructive approach.

Russian Federation was concerned about the persecution against Christians around the world, particularly in the Middle East. In Syria, civil war and violent organizations had pushed the country to collapse, and Christians there faced eradication and slavery. In Libya, there were also growing grounds for concerns regarding the situation in Christians. Russian Federation referred to the destruction of places of worship and attacks against priests in Ukraine, which should be investigated.

South Africa said that the Council should focus on the holistic implementation of the Vienna Declaration and Programme of Action. Unfortunately, the Council continued to lag behind in making the right to development a reality for all, and continued to subordinate economic, social and cultural rights to civil and political rights. That undermined the principles of universality, indivisibility, interdependence and interrelatedness of all rights.

United Kingdom strongly condemned acts of violence and discrimination based on sexual orientation and gender identity in all regions of the world, and stressed that, when that happened, the international community had an obligation to respond. The United Kingdom welcomed the attention paid to those issues by the international human rights mechanisms, and urged the Council to continue to address human rights violations based on sexual orientation and gender identity.

China said that human rights principles had to be implemented bearing in mind national and regional particularities. China had abided by its solemn commitments in human rights field, and ensured that the action on economic, social and cultural rights and civil and political rights were well balanced and coordinated. China upheld the people-centred development concept in its various national action plans which all ensured adequate protection of minorities.

Albania recalled the commitment the States had made to protecting human rights and fundamental freedoms in Vienna, and expressed concern about the persistent discrimination on the grounds of sexual orientation and gender equality, and the reprisals and persecution of journalists and civil society. Albania reiterated the universal value of human rights and its principles of equality, and stressed that the Council ought to be free to pursue the protection of human rights of all.

Portugal said that the Vienna Declaration and Programme of Action had reaffirmed the principle of the universality of human rights. That had to include the universal protection of the human rights of sexual minorities and the combatting of discrimination and violence on the grounds of sexual orientation and gender identity. Portugal supported the resolution on creating a special procedure mandate on the protection against violence and discrimination based on sexual orientation and gender identity.

India stated that the full implementation of the Vienna Declaration and Programme of Action was still a distant reality. That Declaration had reaffirmed the right to development as an integral part of fundamental human rights. The High Commissioner had a special responsibility in promoting the right to development. Urgent steps were needed to achieve better knowledge of extreme poverty and its causes, in order to promote human rights of the poorest.

Venezuela said that Vienna Declaration and Programme of Action reasserted the need to fully respect the right of States to choose their economic and social conditions. Dialogue was the legitimate avenue to resolve differences between States and guarantee peace. Gratitude was expressed for the work of a working group drafting a United Nations declaration on the right to peace. Venezuela condemned the imposition of unilateral coercive measures against countries of the South.

Slovenia strongly supported the draft resolution on the “Protection against violence and discrimination based on Sexual Orientation and Gender Equality”. Slovenia remained concerned about the shrinking civil society space in some countries, as well as cases of reprisals that posed serious challenges to the United Nations System. Lastly, Slovenia regretted that many countries still applied the death penalty, and urged all countries to ratify the Second Optional Protocol to the Covenant on Civil and Political Rights.

Morocco said that the Vienna Declaration and Programme of Action continued to guide efforts towards human rights, the rule of law, international solidarity and cooperation. Terrorism and violent extremism threatened the values and principles enshrined in the Declaration. Morocco had engaged into the efforts to strengthen human rights protection, democracy and the rule of law, as well as to ensure an inclusive solidarity where civil society could operate freely and where gender equality was protected.

United States recalled that, on 12 June 2016, a terrorist had killed 49 people in an attack that targeted the lesbian, gay, bisexual, transgender and intersex community in Orlando, Florida, which had demonstrated that violence and discrimination based on sexual orientation and gender identity was not unique to one country, region or culture. Lesbian, gay, bisexual, transgender and intersex persons in every society in the world were entitled to the same human rights as all other people.

Spain said that the Vienna Declaration and Programme of Action had marked a fundamental step forward in how the international community addressed its human rights obligations, by making the human rights a core of the United Nations, and by confirming the universality of all human rights. All States should support the Council in fulfilling its mandate to protect the human rights of those who suffered violence on the basis of sexual orientation and gender identity.

Pakistan believed that the work of the Council had to be guided by the principles of universality, impartiality and non-selectivity, and noted the many challenges to neutrality and effectiveness of the Council. Its agenda needed to respond to new challenges, resources for human rights mechanisms should keep up with their growth, and efforts had to be made to avoid duplications of the work with the Third Committee of the General Assembly.

Iran said that some important issues including enhancement of international cooperation in human rights were still not receiving adequate attention, and there was a need to ensure non-selectivity and non-politicization of the human rights work. Country-specific mandates were a confirmation of the politicization in the work of the Council. Cooperation, genuine dialogue and technical assistance aimed at strengthening the capacity of States to comply with their human rights commitments was the best way forward.

Israel expressed condolences to the families of the victims of the attack in Orlando, and noted that the Vienna Declaration and Programme of Action had recognized that all human rights derived from the dignity and worth inherent in the human person. Israel was at the forefront of the struggle to end violence and discrimination against individuals based on their sexual orientation and gender identity. The international community was called on to take concrete action to eradicate such discrimination worldwide.

Sudan said that, while commemorating the tenth anniversary of the Human Rights Council, the international community had to reflect on what it had achieved as regards the promotion and protection of human rights. The Vienna Declaration and Programme of Action had urged Member States to refrain from imposing unjust unilateral measures restricting international cooperation and partnership. Certain countries were coercing others to change their policy options.

Denmark said that same-sex marriages were legal in Denmark, but that the country would never presume being able to impose that right on other countries in the world. A resolution on the protection of the family which failed to recognize that families could take various forms could only be understood as an attempt to impose on Denmark what the sponsors of that resolution would never accept to be imposed on them.

Australian Human Rights Commission, in a joint statement, referred to States’ obligation to protect the rights of all persons, without discrimination, including on the ground of sexual orientation or gender identity. It highlighted the role of national human rights institutions in promoting all rights and combatting such discrimination. It called on the Human Rights Council to establish a mandate of an Independent Expert addressing violence and discrimination on the ground of sexual orientation or gender identity.

Action Canada for Population and Development underlined the importance of ensuring sexual and reproductive rights. Human rights related to sexuality addressed a wide range of issues, which intersected with other rights. The Council should ensure that all measures taken on sexual orientation and gender identity recognize and address the root causes of violence and discrimination and the multiple and intersecting forms of oppression of those grounds.

International Lesbian and Gay Association, on behalf of severals NGOs¹, was concerned about individuals facing grave human rights violations on the basis of their sexual orientation or gender identity, including discrimination and violence. It called on the Council to address the protection gap those people faced through the creation of an Independent Expert to address discrimination and violence on the ground of sexual orientation and gender identity.

World Young Women’s Christian Association said that the young people wanted to secure, respect and enjoy their human rights as expressed in the Sustainable Development Goals and multiple human rights instruments. Youth voices continued to be marginalized and excluded from the official processes of the Human Rights Council. Neglecting the needs of the young posed a serious risk to the stability, wellbeing and prosperity of their communities.

Liberation expressed deep concern about human rights violations in India and stressed the need to protect the rights of the 94 per cent of the workforce working in the informal sector and not protected by labour laws. Among those, the Dalits were disproportionately represented: they were forced to work as cleaners of manholes and were also forced into inhuman practices of manual scavenging.

Pasumai Thaayagam Foundation commented on the lack of progress in Sri Lanka on the implementation of the Vienna Declaration and Programme of Action, especially with regards to its Tamil citizens. Implementing the Council’s resolution 30/1 towards achieving accountability, justice and reconciliation was a chance for Sri Lanka to change that, by ending the military occupation of the North-East and releasing prisoners.

Commission africaine des promoteurs de la santé et des droits de l’homme expressed deep concern about the violations of human rights during armed conflicts. The use of rape as a weapon of war in Jammu and Kashmir was also of concern, and the Council was urged to take note of the atrocities and human rights violations faced by Kashmiri women.

World Federation of Democratic Youth drew the attention of the Council to the non-autonomous territory of Western Sahara under the illegal occupation of Morocco. Morocco violated the Geneva Convention and other applicable norms of humanitarian law by committing constant grave human rights violations in the non-autonomous territory of Western Sahara, pending decolonization. Morocco should allow the Saharawi people to exercise their right to self-determination.

Alliance Defending Freedom said that, as there was no consensus on guaranteeing equal protection before the law and to prohibit discrimination on grounds of “sexual orientation and gender identity”, the issue should remain within the purview of each Member State’s domestic legal order. It was imperative that the international community promoted and protected the family as a unique and essential good for society.

Action internationale pour la paix et le développement dans la région des Grands Lacs said that people in Western Sahara were enjoying political freedoms, with Morocco trying to achieve progress and development there, with a fair utilization of the wealth of the region and the protection of cultural identities. Those policies had led to political stability and to the political participation of citizens in their own affairs, including in the Tindouf Camp.

Espace Afrique International said that children all over the world faced violence of all kinds as a result of war, poverty or displacement. Adults had a responsibility to show solidarity to children affected by their policies. It called on decision-makers and all other stakeholders to work more actively for the protection of children through the development of protection frameworks and mechanisms.

British Humanist Association stated that globally bans of abortion led to women facing risks and vulnerability. It referred particularly to the situation in Ireland, where women had to seek abortion abroad. Access to contraception was also severely restricted in countries affected by the Zika virus. It called on all countries to bring their legislation on sexual and reproductive health in line with the Vienna Declaration and Programme of Action.

Indigenous People of Africa Coordinating Committee spoke about violence against women in Manipur and called on India to repeal its Armed Forces Special Power Act which protected perpetrators. Several thousand widows, whose husbands had been killed by the Indian Army, were still waiting for justice and their cases ought to be looked into.

Verein Sudwind Entwicklungspolitik said that non-governmental organizations were still witnessing the violation of human rights of people on the basis of race, ethnicity, colour, sexual orientation, and other grounds. The non-governmental organization also spoke about the persecution of people in Iran, bring up a particular case of a prisoner of conscience who was suffering from cancer.

International Humanist and Ethical Union said that anti-blasphemy laws were not in line with the international human rights law, and said that the prohibition of the so-called “blasphemy” had become quite common to silence the opposition, including in Egypt, Algeria, and Bangladesh. It called upon all to adopt the Rabat Plan of Action which addressed anti-blasphemy laws.

International Service for Human Rights said that the Vienna Declaration and Programme of Action had reaffirmed that the principles of universality and non-discrimination were central to human rights. Human rights defenders working to protect the rights of lesbian, gay, bisexual, and transgender persons were subject to harassment, arbitrary arrest, and more. More than 500 non-governmental organizations had appealed to the Council to address that protection gap at the international level.

Iraqi Development Organization said that the Saudi-led coalition’s war on Yemen was indiscriminately killing and injuring tens of thousands of Yemeni civilians and blockading millions of others. The Council was called on to ensure that the perpetrators who had killed a child and permanently disabled her mother were punished appropriately.

Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos spoke about the situation in Western Sahara, a non-self-governing territory, and appealed to the moral conscience of the Human Rights Council to show responsibility toward the Saharawi people. The international community was entitled to know about human rights situation in Western Sahara.

World Muslim Congress said that the people of the Indian-occupied Kashmir had been deprived of their right to self-determination, and faced violations as a result of India’s refusal to implement United Nations resolutions. Women were particularly at risk, as they faced sexual violence, torture and arbitrary detention.

Americans for Democracy and Human Rights in Bahrain was concerned about continuing impunity in Saudi Arabia, where the rights of citizens and non-citizens were being threatened by security forces. It referred to several cases of violations at the hand of the police forces, including torture and extrajudicial killings. Those acts all came within the framework of counter-terrorism activities, and victims received no remedy.

Alsalam Foundation stated that children were dying from preventable diseases in Yemen due to the collapse of the health system caused by the conflict. People in Yemen lacked access to drinking water due to the blockade by the Saudi-led coalition. Further, the use of unguided cluster munitions and other indiscriminate weapons had resulted in increased civilian casualties which further strained the health system.

World Barua Organization said that violence against Dalit women in India was a daily occurrence and those women suffered violence and discrimination both on the grounds of gender and the ground of cast. The 2009 report by the Special Rapporteur on violence against women contained very detailed reports on violence inflicted on Dalit women by higher castes.

International Islamic Federation of Student Organizations noted that the Vienna Declaration and Programme of Action called on States to end impunity for those who had violated human rights and ensure the rule of law. In many parts of the world, rule of law and administration of justice were denied to many, including in the Indian occupied Jammu and Kashmir, where India had installed the laws which ensured impunity for perpetrators of human rights violations.

Renconcre Africaine pour la defense des droits de l’homme said that, despite the fact that the overall picture of human rights in many parts of the world remained bleak, notable positive developments had taken place since the adoption of the Vienna Declaration and Programme of Action, especially with the establishment of the Office of the High Commissioner for Human Rights and the holding of the World Conference on Racism and Racial Discrimination.

Conseil International pour le soutien à des procès équitables et aux Droits de l’Homme said that the human rights situation in the countries of the Gulf Cooperation Council had been deteriorating. Years had passed while human rights defenders and activists in Saudi Arabia had been jailed. A philosophy professor and others were facing sentences of death on suspicion of spying. The organization therefore called for fair trials for all.

Khiam Rehabilitation Center for Victims of Torture said that a number of countries still had policies of repression against human rights defenders. Bahrain had prevented human rights activists from traveling to Geneva to attend the sessions of the Human Rights Council. That was against the principles of the Vienna Declaration and Programme of Action.

Prahar said that the dowry system had become a curse in recent times, adding that from 2012 to 2014 more than 25,000 women had committed suicide or been murdered because of that evil practice. India was a country of transit for trafficking in women. The Council was appealed to utilize its mechanisms to ensure women of India could live meaningful and respected lives.

Association Bharati Centre Culturel Franco-Tamoul drew attention to the systematic violations of the rights of Tamil people by the Sri Lankan military, including violations of their right to self-determination. The Council should envisage the holding of a panel discussion on the implementation of the right to self-determination in the field of economic, social and cultural rights and civil and political rights.

Association Burkinabé pour la Survie de l’Enfance said that the Sri Lankan military forces had committed a genocide against Tamils in May 2009, killing more than 146,000 people in only six months. The international community should recognize the right to self-determination of the Tamil people, and take necessary measures to preserve the Tamil ethnic minority from extermination.

Society for Development and Community Empowerment recalled that all people had the right to self-determination, including the Tamil people. Racial discrimination against the Tamil minority continued in Sri Lanka, and their occupation by military forces was more and more unbearable. The Tamils were ethnically and religiously different from the Singhalese, and the international community should recognize their right to self-determination.

Organisation pour la Communication en Afrique et de Promotion de la Coopération Economique Internationale was concerned about the situation of women in the Tindouf camp who had been living in poverty for more than 40 years as a result of the conflict. They were deprived of all their rights by Polisario leaders and suffered very high maternal maternity rates.

Mbororo Social and Cultural Development Association said that in 2013 the Special Rapporteur on violence against women had visited northern India and noted the high incidence of violence against women committed by the Indian Army. Women were not included in the political life and girls were being taken away as illegal immigrants. The Human Rights Council should establish a fact-finding team to study the situation.

Swedish Federation of Lesbian, Gay, Bisexual and Transgender Rights – RFSL, on behalf of severals NGOs², said that the right to identity was one of the most basic human rights, and welcomed the laws enabling a quick gender recognition procedure based on self-declaration. The non-governmental organization urged the establishment of the mandate on the rights of lesbian, gay, bisexual, transgender and intersex persons which would go a long way in raising the awareness of that situation.

American Association of Jurists on behalf of severals NGOs³, said that the World Conference on Human Rights had reaffirmed that all peoples had the right to self-determination. The speaker condemned negotiations on a new long-term agreement between Israel and the United States worth billions of dollars. A panel discussion on the right to self-determination in the field of social, economic and other rights was welcomed.

Allied Rainbow Communities International said that, while the situation of lesbian, gay, bisexual, and transgender persons was critical in many places in Africa, it was worth noting recent positive developments. “We are proudly African and we are proudly LGBTI", said the speaker, asking for African Governments to acknowledge the reality that lesbian, gay, bisexual, and transgender persons were facing.

Federatie van Nederlandse Verenigingen tot Integratie van Homoseksualiteit – COC Nederland, in a joint statement with International Lesbian and Gay Association, appealed for an independent expert mandate. The region from which the speaker came from protected persons on the basis of their sexual orientation, and the Human Rights Council had a responsibility for promoting and protecting the human rights of all individuals. All human beings were born free and equal in all rights.

International Lawyers Organization was concerned about the interference in the work of a journalist by a senior United Nations official at the Headquarters in New York. The journalist had been apparently covering the story on corruption in the Office of the United Nations Secretary-General. That matter needed to be investigated and the Council should receive the report.

Global Helping to Advance Women and Children expressed concern that the draft resolution went very far in the description of the mandate beyond the issues of violence on the basis of sexual orientation and gender identity. The proposed mandate would also include discrimination on the basis of sexual orientation and gender identity, on which there was no international consensus.

United Nations Watch said that the United Nations annual report on the protection of children in armed conflict had documented what was happening in the war in Yemen, finding grave violations against children, of which 60 per cent had been attributed to the coalition led by Saudi Arabia. Why was Saudi Arabia, a member of the Council, sabotaging a report on children rights and why did the United Nations give in to such blackmail, effectively granting immunity for the killing of children in Yemen?

¹Joint statement: Human Rights Law Centre; Canadian HIV/AIDS Legal Network; LGBT Denmark - The National Organization for Gay Men, Lesbians, Bisexuals and Transgendered People; Federatie van Nederlandse Verenigingen tot Integratie van Homoseksualiteit – COC Nederland; International Service for Human Rights; and Human Rights Watch.

²Joint statement: Human Rights Law Centre; International Lesbian and Gay Association; International Humanist and Ethical Union; International Federation for Human Rights Leagues; LGBT Denmark - The National Organization for Gay Men, Lesbians, Bisexuals and Transgendered People; and Lesbian and Gay Federation in Germany.

³Joint statement: Union of Arab Jurists; Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos; World Federation of Democratic Youth (WFDY); Indian Council of South America (CISA); International Association of Democratic Lawyers (IADL); Liberation; International Educational Development, Inc.; and Women's Human Rights International Association.




For use of the information media; not an official record

HRC16/095E