HUMAN RIGHTS COUNCIL CONCLUDES GENERAL DEBATE ON PROMOTION OF CIVIL, POLITICAL, ECONOMIC, SOCIAL AND CULTURAL RIGHTS, RIGHT TO DEVELOPMENT

The Human Rights Council this afternoon concluded its general debate on the promotion of all human rights, civil, political, economic, social and cultural rights, including the right to development.

Issues raised by speakers included discrimination against minorities and persons with disabilities, the promotion of the rights of indigenous peoples, freedom of opinion and expression, gender equality and women’s rights, access to medication including for HIV/AIDS, tuberculosis and malaria, the feminization of migration, human rights defenders and the prohibition of torture.

Speaking in the general debate were New Zealand, Denmark, Sweden, Norway on behalf of Nordic countries, and Tanzania. The International Federation of Red Cross and Red Crescent Societies also spoke.

The following non-governmental organizations also took the floor: International Federation of University Women, on behalf of severals NGOs1, International Association of Democratic Lawyers, on behalf of severals NGOs2, Asian Legal Resource Centre, in a joint statement with Lawyers Rights Watch Canada, Pax Romana and Asian Forum for Human Rights and Development (FORUM-ASIA), World Federation of Trade Unions, in a joint statement with Federation of Cuban Women, Europe-Third World Centre, Baha’í International Community, International League for the Rights and Liberation of Peoples, International Humanist and Ethical Union, in a joint statement with Association for World Education, Fraternite Notre Dame, United Nations Watch, Franciscans International, Human Rights Watch, Interfaith International, Friends World Committee for Consultation (Quakers), Society for Threatened Peoples, Alhakim Foundation, World Muslim Congress, Marangopoulos Foundation for Human Rights, International Islamic Federation of Student Organizations, in a joint statement with International Human Rights Association of American Minorities, International Educational Development, Union of Arab Jurists, Philippine Human Rights Information Centre, Becket Fund for Religious Liberty, Union de l'action féminine, North South XXI, Association of World Citizens and International Fellowship of Reconciliation.

Sri Lanka, India, Uzbekistan, Egypt, Thailand, Benin, Chile, Sudan, Cuba, Pakistan, Iran, Morocco and Belarus exercised their right of reply.

At the end of the meeting, Ambassador Doru Romulus Costea of Romania, the President of the Council, said that the Special Rapporteur on trafficking in persons, especially in women and children, Sigma Huda, was not in a position to come to Geneva to present her report. Given that Ms. Huda had not been able to attend any sessions since the second session of the Council in September 2006, and that it appeared highly unlikely that she would be able to attend the coming sessions, he proposed to the Council to include the mandate on the list of vacancies of mandate holders to be appointed in June.

The Human Rights Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. When the Council starts its afternoon meeting at 3 p.m., it will hear the reports presented by the Special Rapporteurs on the situation of human rights in the Democratic People’s Republic of Korea and in Myanmar. It will also consider follow-up to the recommendations of the special session on Myanmar.

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

AMY LAURENSON (New Zealand) said that the full and universal implementation of human rights and fundamental freedoms was essential to ending poverty. Non discrimination was an important step forward, but it was not universally applied. Human rights were equal to all. No one should suffer from any form of discrimination. New Zealand attached great importance to women’s rights and gender equality. Disabled persons did not enjoy any dedicated discussion in the Council.

LARS VOLCK MADSEN (Denmark) noted that Nordic countries had been actively engaged in the promotion and protection of human rights of indigenous peoples worldwide. Denmark firmly believed that the promotion of the human rights of indigenous peoples contributed to the maintenance and development of multicultural, pluralistic and tolerant societies built upon effective participation by all groups of society. One recent milestone in the promotion of human rights of indigenous peoples was the Declaration on the Rights of Indigenous Peoples. With this document Denmark believed the Special Rapporteur in the situation of human rights of indigenous peoples had a good basis for his work. Denmark believed that incorporating indigenous representatives into the work of the United Nations at different levels served an important purpose. The Nordic countries remained committed to this cause and would work jointly with all interested parties in supporting the above-mentioned mandates and mechanisms and in promoting the implementation of the Declaration on the Rights of Indigenous Peoples.

JAN NORDLANDER (Sweden) said that freedom of expression was a venerable freedom, with a history stretching back long before it was enshrined in article 19 of the Universal Declaration of Human Rights. Democracy itself could not function unless ideas were free to be debated and measured against each other. Many of the problems that remained were familiar. Legislation in many countries continued to either limit the freedom of expression, or be used to hinder its implementation. Censorship and harassment of journalists continued in many countries. Reporters without Borders estimated that 86 journalists were killed worldwide in 2007 while carrying out their work, more than a threefold increase in five years.

Sweden said that the rapid proliferation of cell phones and the breakthrough of e-mail had allowed an increase in the flow of information to an extent that few would have been able to imagine 20 years ago. The development of the internet, or course, was a fantastic chapter unto itself. Nevertheless, those who impeded the freedom of expression had unfortunately managed to keep pace. Regrettably, authorities continued to block websites in China, Iran, Egypt and other countries. Moreover, bloggers were harassed, censored and even imprisoned in many countries.

BEATE STIRO (Norway), speaking on behalf of the Nordic Countries, said that, on the issue of women’s rights, gender mainstreaming should not replace specific targeted action to promote gender equality and the empowerment of women. Gender mainstreaming has had a limited impact. It had too often amounted to nothing more than rhetoric. Monitoring and evaluation was needed as well as sufficient resources in terms of budget and staff. Human rights approach to gender implied protecting and promoting women’s freedom of movement, control of reproduction, marriage and divorce, amongst others. Women defied simple categorization.

BARAKA H. LUVANDA (Tanzania) commended the High Commissioner for Human Rights for her annual report on the access to medication in the context of HIV/AIDS, tuberculosis and malaria. Tanzania, like many least developed countries, was not spared by the difficulties prevalent in reducing the spread of these pandemics and it was therefore necessary to reiterate the Government’s resolve to step up measures towards adequate provision of medication. The issue of access to medication for these diseases was one to which the Government of Tanzania attached great importance. However, it was the view of the country that individual countries could not alone afford to provide medication without the support of the international community. Tanzania appealed to its development partners in the international community to extend their timely, appropriate and sufficient and predictable assistance in that regard. Tanzania subscribed fully to the assertion that access to medicine was a fundamental human right.

KATRIEN BEECKMAN, of the International Federation of Red Cross and Red Crescent Societies, welcomed the report of the Special Rapporteur on the human rights of migrants. In this regard, it commended Mr. Bustamante for his attention to the increasing feminization of migration and calling for gender equality programming. The National Societies of the International Federation had an auxiliary role to their public authorities in the humanitarian field, which offered a platform for partnership with governments. Moreover, the developmental benefits of migration were contingent upon the protection of rights of all migrants. Finally, the International Federation reiterated its strong commitment to combating discrimination, racism and xenophobia against migrants.

HALIMA WARZAZI, of the Consultative Council for Human Rights of Morocco, stressed the importance of socio economic rights in the strengthening of political rights. The Council had organized workshops in this regard. The recommendations of the Equity and Reconciliation Body had also been reviewed. Particular prominence had been given to community reparation. Another workshop had tackled corruption, which led to the violation of many rights. Social responsibility was an important issue.

CONCHITA PONCINI, of International Federation of University Women, on behalf of severals NGOs1, calling attention to the latest developments in the United Nations family on the two-pronged approach to gender equality and women’s human rights, urged the Human Rights Council to take concrete steps in implementing the agreed conclusions and recommendations of the 52nd Session of the Commission on the Status of Women on “Financing for Gender Equality and the Empowerment of Women”. The International Federation of University Women also called attention to the Consensus text of the 46th Session of the Commission for Social Development on “Promoting Full Enjoyment and Decent Work for All”; and strongly endorsed the Global Campaign to eliminate violence against women launched by Secretary-General Ban Ki-moon on the opening day of the 52nd Session of the Commission on the Status of Women.

EDRE OLALIA, of International Association of Democratic Lawyers, on behalf of severals NGOs2, wished to address the issue of human rights defenders and saluted Hina Jilani for her exemplary and courageous work. Attacks against human rights lawyers violated the 1966 International Covenant on Civil and Political Rights, the 1990 basic Principles on the Role of Lawyers and the 1998 United Nations Declaration on Human Rights Defenders. In the Philippines, such attacks had become increasingly frequent and suffice it to say that until this day, no one had ever been credibly convicted for these attacks. Finally, the high incidence of forced disappearances and extrajudicial killings of human rights defenders in the Philippines remained a deep concern and should be addressed by the Council.

RAFENDI TIAJUN, of Asian Legal Resource Centre, in a joint statement with Lawyers Rights Watch Canada; Pax Romana; and Asian Forum for Human Rights and Development (FORUM-ASIA), said that despite the us cogens nature of the prohibition of torture, the practice had increased since 9/11 and went unpunished. Torture was a common tool in Asia. Indonesia had finally allowed the visit of the Special Rapporteur on torture after 14 years. It was regretted that he did not visit the intelligence headquarters. The Special Rapporteur findings on the torture of children were welcomed. Media workers were being tortured in Sri Lanka. In Bangladesh, thousands had been arbitrarily detained.

OSIRIS OVIEDO, of World Federation of Trade Unions, in a joint statement with Federation of Cuban Women and Europe-Third World Centre, noted that, according to information provided by the Food and Agriculture Organization (FAO), some 854 million persons were seriously undernourished and every five seconds a child under ten died as a result of hunger and malnutrition and another 146 million children under five were underweight. None of these persons were Cuban. The Cuban Government had an impressive national food programme, as had been recognized by the FAO. This had been all been achieved under adverse conditions and amidst a harsh economic blockade imposed by the United States for four decades. As noted in the Human Rights Council report, this blockade was one of the main obstacles to the enjoyment of the right to food in Cuba. Food should never be used as an instrument for economic or political pressure.

SARAH VADER, of the Baha’í International Community, spoke on the eradication of violence on women and girls. The failure of nations to recognize the extent of and to decrease this form of violence had revealed the shortcomings of a “reactive” approach, leading many to embrace the broader goal of prevention. Promoting specific morals or values could be controversial but the means to develop them had to be consistent with the Universal Declaration of Human Rights, aimed at fostering the spiritual, social, and intellectual development of all people. While such capabilities could be taught in schools, they would not be effective until they took root in the family and community. In conclusion, she reminded the Council that the State had the duty and responsibility to protect the individual and at this level enlightened leadership was desperately required.

ORETTE BONDETTINI DI POGGIO, of the International League for the Rights and Liberation of Peoples, said that it had to be recognised that in many countries, the rights of human rights defenders were not being respected. They were harassed and persecuted and submitted to shame trials. Statements were obtained under pressure. There were serious violations of human rights of workers in Western Sahara. Hina Jilani had mentioned this in her report and had expressed concern over the situation. It was high time to publish the report of her 2006 visit.

ROY W. BROWN, of International Humanist and Ethical Union, in a joint statement with Association for World Education, indicated that on Human Rights Day 2007, the Permanent Representative of Pakistan, addressing the Council on behalf of the Organization of the Islamic Conference, spoke glowingly of the Universal Declaration on Human Rights, noting the contribution made to its creation and to the two international covenants by many Muslim countries. The Cairo Declaration of Human Rights in Islam was “not an alternative, competing worldview on human rights”. The International Humanist and Ethical Union was of the view that the Cairo Declaration could in no way be considered complementary to the 1948 Universal Declaration of Human Rights. Under Shari’ah law, Muslim women and non-Muslims were not accorded equal treatment with Muslim men. Countries should consider the negative implications of the universality of human rights and the derogation of the international covenants that were implicit in the Cairo Declaration and the plans of the Organization of the Islamic Conference.

SABINE LEGRAND, of Fraternite Notre Dame, said that Reverend Bishop Jean Marie should be applauded for his efforts in improving the situation of the most destitute and abandoned youth in Mongolia and for which he received a Knight in the National Order of Merit. However, the Catholic Church had the medal reclaimed from him and stated that he was not approved by the official authority of the Catholic Church of France and that Fraternité Notre Dame was on the list of sects. Furthermore, the speaker wondered why the French Government was so tamed by the Catholic Church of France, as if under a form of supervision.

HILLEL NEUER, of United Nations Watch, asked in what manner the world could pay tribute to the 60th anniversary of the Universal Declaration of Human Rights. This should be done by respecting the right to life. Bu this right was violated everyday in Sudan. Yesterday, the Secretary-General was scheduled to meet with the Sudanese President, but it had to be cancelled because the President had a headache. World leaders had to unite now to end the atrocities. Peacekeeping troops should be sent to the area. The Council had to send a powerful message to Sudan. Sudan was asked how long would headaches continue to afflict the lives of women and children. No more excuses, action was asked, if not from this Council, then from whom?

MADELEINE KOTY, of Franciscans International, noted that among certain populations, babies whose mothers died during childbirth or were born prematurely or with deformities were often labeled as “witches”. In areas of Benin and Nigeria, where women often gave birth at home and many died as a result, there were serious violations perpetrated against children. Many newborns were killed while others risked becoming slaves. These practices were a serious act of violence against children. The Committee on the Rights of the Child, in its observation in 2006 on the report of Benin, said it was concerned about the infanticide of certain “witch children” and disabled infants in the country. Measures had to be taken urgently to put an end to this scourge. These practices had to be addressed by the authorities concerned. An annual day should be devoted by the Council to the rights of the child.

JULIETTE DE RIVERO, of Human Rights Watch, expressed its concern with regards to human rights violations in Sri Lanka. Since the de facto end of the ceasefire in that country, insufficient attention had been given to human rights abuses, especially in terms of abductions and forced disappearances. Clergy, academics and migrant workers had disappeared under the false allegations that they were members or supporters of the LTTE. In the vast majority of cases, evidence of the involvement of the Sri Lankan military or police or pro-government armed groups was found. Many of the disappeared were feared dead. Unfortunately, none of these cases were fairly investigated and those responsible were not held accountable. Several Special Rapporteurs had made recommendations on these issues, yet the violence and abuses persisted unaddressed.

NOORDIN MENGAL, of Interfaith International, said that the Baluch nation, partly residing in Afghanistan and Pakistan, had been facing persistent repression by the Pakistani Army. Thousands of regular army soldiers were actively carrying out massive military operations in the Baluch nation. The Government had spent billions in the construction of military garrisons. The Chinese Government had assisted Pakistan in the construction of a port and had contributed to the exploitation of the Baluch wealth. Pakistani intelligence had launched aggressive campaigns to neutralize anyone that talked about the rights of the Baluch.

RACHEL BRETT, of Friends World Committee for Consultation (Quakers), drawing attention to child prisoners, recalled that the Convention on the Rights of the Child was clear that it was usually in the best interest of children to be raised by their parents and, as pointed out by the Special Rapporteur on Prison Conditions in Africa, prisons were no place for babies and young children. Each year untold numbers of children were separated from their mothers by imprisonment. Under these circumstances, the first step was to consider whether the two principles could be reconciled by the use of alternatives to imprisonment or pre-trial custody. The Human Rights Council could play a significant role in highlighting this under-considered issue and could encourage States to identify and share good practices in this neglected area of child rights.

RENALDO MARIQUEO, of Society for Threatened Peoples, said that the illegal annexation of lands by Chile and Argentina had threatened the indigenous people of those countries, despite peaceful attempts to have their rights respected. The current administration of Chile had detained many indigenous activists who were subjected to police brutality, torture, and inhumane and degrading treatment. Judges and police were allowed to keep detainees even after their innocence had been established and even up to one year after their initial detention. The anti-terrorist laws of Chile were frequently being misused to arrest and detain indigenous peoples.

SAHIB AL-HAKIM, of Alhakim Foundation, said the Iraqi people were going through a unique experience after getting rid of the former dictator who had violated human rights for more than 35 years. Now, the new Iraq looked to the international community to assist in the promotion of cultural and social affairs. In order to help in the rehabilitation of this large segment of Iraqi society, socially and psychologically, economically and scientifically, the international community had to redouble its efforts seriously to save them. Their input should be in the form of more development and rebuilding the country’s infrastructure. Alhakim called on the international community to implement humanitarian projects in the country and support the overall development in all aspects of life.

SHAGUFTA ASHRAF, of the World Muslim Congress, said that human rights were the backbone of human dignity. Peace could only be expected when human rights were respected, protected and promoted. Occupying States resorted more frequently to repression. This was happening in the Indian-occupied state of Jammu and Kashmir. Torture was used as a political weapon and manifested itself in many cruel forms such as rape against women, arbitrary detention and extrajudicial killings. The Council was requested to urge India to allow Special Procedures, non-governmental organizations and the media to visit Jammu and Kashmir to assess the human rights situation in that area.

TOM GANIATSOS, of Marangopoulos Foundation for Human Rights, said the production of liquid biofuels was having an important impact on the right to food and had already contributed to rising food prices, as pointed out by the Special Rapporteur on the right to food. Large scale biofuel production also threatened the right to food by increasing climate change. Support should be given to the United Nations Conference on Trade and Development and other agencies in exploring alternative fuel sources in countries.

ILTAF HUSSAIN WANI, of International Islamic Federation of Student Organizations, in a joint statement with International Human Rights Association of American Minorities, said that the people of the Indian-occupied state of Jammu and Kashmir were being denied the right to self-determination. Their basic human rights were being systematically violated. In 2006, 22 extrajudicial killings were reported and the number had increased in 2007. There was no room for freedom of expression or freedom of association in that territory. The role of the Human Rights Council was to defend the rights of all people and as such this issue had to be set and addressed on its forthcoming agenda.

KAREN PARKER, of International Educational Development, said International Educational Development welcomed the efforts of the Special Representative of the Secretary-General on human rights defenders on her report on the situation in Sri Lanka and thanked her for her communication to the head of the Office for the Coordination of Humanitarian Affairs. The Special Representative indicated that the Sri Lankan authorities were instructed not to raise human rights issues during their talks with the United Nations Emergency Relief Coordinator, John Holmes. This showed a lack of cooperation by the Sri Lankan authorities with the United Nations. The efforts by the Special Rapporteur on the freedom of expression on Sri Lanka were also welcomed. His comments suggested that acts in Sri Lanka constituted some of the most serious cases of the violations of the freedom of expression.

HANA AL-BAYATY, of Union of Arab Jurists, emphasized the grave deterioration of the humanitarian situation in Iraq as well as Iraqi peoples’ rights, whether civil, political or social. Approaching the fifth anniversary of the United States invasion of Iraq, serious estimates suggested that there were at least 1 million deaths and 4.4 refugees since the beginning of the war. The independent judicial system had collapsed and courts were being used to legitimize summary executions. One positive step to address the situation of human rights violations in Iraq could be the appointment of a Special Rapporteur for Iraq.

HANA AILEEN BACALSO, of the Philippine Human Rights Information Centre, said the Philippine Human Rights Information Centre took cognizance of the Working Group of Disappearances’ concerns on the spate of enforced disappearances in the Philippines through the cases it recently received and the still unresolved cases of past administrations. In a meeting between the Asian Federation Against Involuntary Disappearances and President Macapagal-Arroyo in August 200,1 she promised that there would be no more cases of enforced disappearances during her administration. On the contrary, new cases of disappearances and extrajudicial killings continued unabated. The Group appealed to the Government of the Philippines and all Members States of the United Nations to ensure the immediate entry into force of the related United Nations Convention.

LINDSAY GRAHAM, of the Becket Fund for Religious Liberty, said that at the heart of the Universal Declaration of Human Rights was the interdependence of fundamental freedoms. The Becket Fund echoed the attention drawn by the Special Rapporteur on freedom of opinion and expression on the growing trend of defamation laws around the world. The defamation of ideologies, as opposed to the defamation of persons, forcibly required the State to determine which ideas were acceptable and as such unacceptably violated the fundamental right of freedom of expression. Finally, the Becket Fund reminded the Council that the freedom of speech was precious to freedom of conscience.

SAADANI MAOULAININE, of Union de l'action féminine, thanked the Special Rapporteurs for their excellent reports on various topics. With regard to the prisoners languishing in the Tindouf prison camp, these persons had been deprived of fundamental rights and had been subjected to arbitrary detention and enforced disappearances and lacked freedom of expression. Thousands had been tortured inside these camps and humanitarian assistance was being diverted for the personal use of the leaders of the camps themselves, giving rise to further human rights violations. In the Tindouf camps human rights were being violated on a regular basis.

NIRAJ PABARI, of North South XXI, thanked all mandate holders for their services. The 29 remaining States that had not replied yet to the Special Representative of the Secretary-General on human rights defenders were encouraged to do so. The work of the Working Group on arbitrary detention was important. It was hard to understand why several cases brought to the attention of the Working Group concerning Palestinians had not yet appeared before the Working Group.

GENEVIEVE JOURDAN, of Association of World Citizens, said migrants were essential stakeholders. Health was an indicator of fairness and a society providing decent life to its citizens would prosper. Brazil, Chile and Sweden, among other countries, had developed national strategies for health fairness to meet the health concerns of all their citizens. The World Health Assembly this year would address questions of health with regard to the migration phenomenonon. It was hoped that when the next Special Rapporteur on health was appointed, an in-depth study would be undertaken in accordance with WHO standards to ensure that migrants enjoyed their rights fully, including their right to health.

MICHEL MONOD, of International Fellowship of Reconciliation, said that conscious objection was considered as a part of civil and political rights. There was alarming information that in Eritrea objection of military service was not possible. People were obliged to flee, if caught they were put in jail. Some tried to flee to European Union countries, crossing the Mediterranean. Eritrea was asked to act accordingly to respect this right.

Right of Reply

SHIRANI GUMATILLAKE (Sri Lanka), in a right of reply, said it was sad that Human Rights Watch failed to take a balanced view in dealing with the situation in Sri Lanka. They lacked credibility in doing so. The Government’s position was that it objected to the proposal laid out by Human Rights Watch. Tamil representatives contributed in many Government initiatives to reach a peaceful solution to the conflict in the country.

RAJIV KUMAR CHANDER (India), speaking in a right of reply in response to the mentioning of Kashmir in the statement of Pakistan, said self-determination had long been recognised by India. Those that were trying to reinvent the Charter had to pay attention. However, the right to self-determination could not be abused. Self-determination could not be abused for a group to use it in order to undermine the territorial sovereignty of a state. The Indian state of Kashmir was an integral part of India. The people there had participated in free and fair elections. Pakistan was illegally occupying this part of the country. Under Pakistani occupation, human rights were being violated. India was convinced that bilateral issues should be discussed bilaterally.

BADRIDDIN OBIDOV (Uzbekistan), speaking in a right of reply referring to the statement by Slovenia on behalf of the European Union, said Uzbekistan was alarmed over the unsubstantiated claims made through the statement of alleged practices of torture in Uzbekistan. There was a total absence of facts. Unfortunately, the Human Rights Council continued to witness a practice whereby individual States were politicizing these issues. As pointed out by the United Nations Secretary-General, the Council should carry out its activities on the basis of non-selectivity and it should not be biased. The statement of the European Union ran counter to these principles. Uzbekistan was carrying out consistent reform and taking practical steps to rooting out all forms of torture. It was noted that as of January 2008 Uzbekistan had fully abolished the death penalty.

M. CHIDUKU (Zimbabwe), speaking in a right of reply to the statement by the European Union which said that there were violations of the f