HIGH-LEVEL SEGMENT OF HUMAN RIGHTS COUNCIL HEARS STATEMENTS FROM 19 MINISTERS AND OTHER DIGNITARIES
The High-Level Segment of the Human Rights Council this morning heard statements by 19 Ministers and other dignitaries, who raised a variety of issues including the Universal Periodic Review mechanism, the implications of the economic and financial crises on economic, social, cultural rights, and respect for religions and cultures and freedom of expression. Many speakers outlined national efforts in support of the promotion and protection of human rights. The Council also heard an address from the President of the General Assembly.
Ministers and other dignitaries from the United Kingdom, Nepal, Tanzania, Kenya, Russian Federation, Uzbekistan, Sweden, Guatemala, Switzerland, Cameroon, Zimbabwe, Poland, Uruguay, Viet Nam, Spain, Bolivia, Nicaragua and South Africa took the floor.
Miguel d’Escoto Brockman, President of the General Assembly, said that the grossest human rights violations were committed by the United Nations' own Member States. The General Assembly and the Council needed to ensure a more synergetic approach when addressing human rights issues. As a forum for dialogue, understanding and cooperation in which to achieve the universal realisation of human rights, the Council’s credibility and effectiveness were measured by its transparency and even-handedness. Since its establishment, the Council had overseen breakthroughs in the area of human rights protection, and had provided insightful and meaningful input to the Assembly's discussion on emerging issues of great concern, including the ongoing food crisis and now on the impact of the financial crisis on development.
Mark Malloch-Brown, Minister for Africa, Asia and the United Nations of the United Kingdom, said that at the Council, members had shown mixed willingness to look afresh at issues. There was a pressing need to put aside geopolitics and work across the membership for shared understanding of how to address modern human rights challenges. The international community should also work to build shared understanding of the interdependence of economic, social, cultural, civil and political rights.
Upendra Yadav, Foreign Minister of Nepal, said that the people of Nepal were deeply involved in the process of democratic transition in the midst of several challenges and constraints. Nepal upheld the view that all human rights were universal, indivisible, interrelated, interdependent and mutually reinforcing. Nepal opposed selectivity and political expediency in the defense of human rights and called for cooperative efforts to promote civil and political rights along with economic, social and cultural rights of the people.
Mathias Meinrad Chikawe, Minister for Justice and Constitutional Affairs of Tanzania, said that Tanzania had continued to fulfil its obligations under various human rights instruments. In September last year, the Special Rapporteur on prisons and conditions of detention in Africa, who was also the Commissioner responsible for human rights promotion in Tanzania, Mr. Mumba Malila, visited Tanzania where he had a constructive dialogue with the Government, civil society, political parties and the academia on prison conditions in the country.
Martha W. Karua, Minister for Justice, National Cohesion and Constitutional Affairs of Kenya, said this was a crucial time in the evolution of the United Nations Human Rights Council. The Council should live up to the expectations of the international community by offering a unique opportunity to all to promote the human rights agenda by advocating strong effective mechanisms through international dialogue and cooperation. For many developing countries, Kenya included, the financial crisis had exacerbated existing economic challenges with dire results on food security, energy and commodity prices.
Micheline Calmy-Rey, Head of the Federal Department of Foreign Affairs of Switzerland, said at the beginning of the twenty-first century, discrimination against women remained one of the major forms of discrimination. It was often the source of many other violations. They must fight against stereotypes and prejudices and promote women’s rights and their full participation in all societies. Discrimination was encouraged by the continuing existence of a culture of impunity, which was particularly unacceptable in cases of sexual violence. The perpetrators of such acts should be brought to justice.
Henri Eyebe Ayissi, Minister for Foreign Affairs of Cameroon, said that Cameroon had always fought for the individisibilty of all human rights, including the right to development. This was why the urgent situation of developing countries, which was made worse by the food crisis and the financial crisis, should hold the attention of the international community, bearing in mind the impact that these crises could have on the enjoyment by the populations of those countries of their human rights. The importance that Cameroon gave to human rights and its commitment to their protection and promotion were immeasurable.
Patrick Antony Chinamasa, Minister of Justice and Legal Affairs of Zimbabwe, said that Zimbabwe had too often been the target for condemnation and shaming on matters of human rights at the hands of a few members of the United Nations who sought to achieve other ends through the artifice of human rights. Zimbabwe was not without blemishes on the issue of human rights. It was the selectivity, partiality, bias and lurking politicisation that were of concern. The Universal Periodic Review was a clear testimony that a lot still remained to be done and achieved by all of the Member States, and yet the Office of the High Commissioner for Human Rights decided to name and shame only some.
Nkosazana Dlamini Zuma, Foreign Minister of South Africa, said that no country in the world seemed to have reached the level where all citizens enjoyed all human rights. South Africa firmly believed that human rights violations and the question of their practical enjoyment were the legitimate concerns of the international community. South Africa noted with concern that despite the Beijing Declaration and Programme of Action, women’s rights were still not treated as human rights. They still occupied the lowest rung of the ladder. Despite South Africa’s achievements, as a young democracy, it still battled with a number of challenges including the outbreak of xenophobia in May 2008.
Dignitaries also speaking this morning were Alexander V. Yakovenko, Deputy Minister for Foreign Affairs of Russian Federation; Akmal Saidov, Chairman National Center for Human Rights of Uzbekistan; Frank Belfrage, State Secretary of Sweden; Lars Pira, Deputy Foreign Minister of Guatemala; Jan Borkowski, Secretary of State of the Ministry of Foreign Affairs of Poland; Felipe Michelini, Vice Minister for Education of Uruguay; Vu Dung, Vice-Minister for Foreign Affairs of Viet Nam; Angel Lossada, Vice Minister of Foreign Affairs of Spain; Wilfredo Chavez, Vice Minister for Justice and Human Rights of Bolivia; and Paul Herbert Oquist Kelley, Minister and Private Secretary of National Policy of Nicaragua,.
The Council will meet next this afternoon at 3 p.m. to conclude its High-Level Segment and begin its General Segment.
High-Level Segment
MARK MALLOCH-BROWN, Minister for Africa, Asia and the United Nations of the United Kingdom, said the United Kingdom had pledged its commitment to the Human Rights Council, and to working with all UN members to see it become the most effective body possible for the protection and promotion of all human rights. The Government stood by the commitment, and had always taken its human rights responsibilities seriously. International action could make a difference, and the Council should address the needs of victims, everywhere, whose rights were violated. Ahead of the review by the General Assembly in 2011, the Council should pursue progress in two areas in particular: first, it should address violations wherever they occurred; and second, it should enable an open and honest dialogue on contemporary human rights challenges. Some serious country situations had escaped the Council’s consideration: grave violations continued unchecked in Zimbabwe; and Iran had continued the shameful practice of juvenile executions. The Council should be able to offer these countries support, and should examine how they had escaped its attention.
The inspiration for the Council was, for many, to move beyond some of the difficulties that had marked debate in the past. Council members had shown mixed willingness to look afresh at issues. There was a pressing need to put aside geopolitics and work across the membership for shared understanding of how to address modern human rights challenges. The concept of defamation of religions had surfaced in various fora - but the long-established international framework struck the right balance between freedom of expression and the need to protect individuals from those who incited hatred or violence on the grounds of race or religion. Laws should offer sufficient protection from incitement, but to limit freedom of expression would be to put at risk the very openness and tolerance that allowed people of different faiths to co-exist, practising their faiths without fear.
The international community should also work to build shared understanding of the interdependence of economic, social, cultural, civil and political rights. This understanding should underpin debates on subjects such as the right to development, where justice and prosperity could only exist where individuals had the possibility to enjoy human dignity. Human rights standards should be brought to bear to complement these efforts - freedom of expression should be the cornerstone of the fight against racism. Better implementation of existing international legal standards in this area would serve to offer the protection that was needed from those who incited violence or hatred. Human rights should be integrated into the other two pillars of the United Nations: security and development. Progress had been made, and the Council had much to offer to this initiative in demonstrating both that respect for human rights underpinned security and development, and also that they need not be politically divisive to the point that they were perceived to present an obstacle to wider goals.
UPENDRA YADAV, Minister of Foreign Affairs of Nepal, said that the people of Nepal were deeply involved in the process of democratic transition in the midst of several challenges and constraints. Nepal was currently engaged in development, reconstructing social and economic infrastructures, rehabilitating ex-combatants, rebuilding representative and inclusive political institutions, restructuring the state and strengthening of state capacity. As Nepal proceeded in institutionalizing democracy through the making of a new Constitution for a federal democratic republic state, the Government of Nepal appealed to friends and well wishers in the international community for an enhanced level of support and assistance to help its efforts to make Nepal a peaceful, stable, prosperous and democratic country.
Nepal upheld the view that all human rights were universal, indivisible, interrelated, interdependent and mutually reinforcing. Nepal strongly believed in the interrelationship of human rights, democracy, and development to sustain the dignity and worth of human beings. Nepal opposed selectivity and political expediency in the defense of human rights and called for cooperative efforts to promote civil and political rights along with social, economic and cultural rights of the people. Nepal supported the High Commissioner’s priority to end inequality and discrimination in all its forms and manifestations and attached great importance to the work of the Durban Review Conference.
The current economic and financial crisis had added to the vulnerabilities of the least developed countries by further weakening their trade and economic prospects and job opportunities abroad. This was going to adversely affect their efforts to meet the Millennium Development Goals by 2015. The crisis must not be a pretext for withholding the promises and commitments made by the developed countries to support the poor and the weak. It was time now to work for a coordinated, comprehensive and balanced approach to evolve a financial architecture that was fully reflective of the changing economic realities and in tune with the imperatives of an increasingly interdependent and interconnected world.
MATHIAS MEINRAD CHIKAWE, Minister for Justice and Constitutional Affairs of Tanzania, said that Tanzania had continued to fulfil its obligations under various human rights instruments. At the regional level, the Government had submitted its thirteenth periodic report before the African Union Commission on Human Rights. The report was considered in May 2008 and currently the Government was working on the recommendations made by the Commission. In September last year, the Special Rapporteur on prisons and conditions of detention in Africa who was also the Commissioner responsible for human rights promotion in Tanzania, Mumba Malila, visited Tanzania where he had a constructive dialogue with the Government, civil society, political parties and the academia on prison conditions in the country. The Special Rapporteur also had an opportunity to visit and inspect a number of prison establishments.
At the international level, Tanzania’s report to the Convention on the Elimination of All Forms of Discrimination against Women was effectively considered in July 2008. Similarly, the reports to the two Optional Protocols to the Convention on the Rights of the Child on the involvement of children in armed conflict and on the sale of children, child prostitution and child pornography were successfully considered in September 2008, said Mr. Chikawe. Currently the Government was working on the recommendations received from that Committee. Furthermore, the report to the International Covenant on Civil and Political Rights, which was submitted last year, was scheduled for consideration by the Human Rights Committee in July of this year. Regarding the International Covenant on Economic, Social and Cultural Rights, the Government planned to submit the report this year.
Mr. Chikawe said that preparations for the Government’s scrutiny before the African Peer Review Mechanism was at an advanced stage. Tanzania would be reviewed this year and the Government believed that the experience gained from it would help them to do better during the Universal Periodic Review in 2011. The Anti Trafficking in Persons Bill had been passed into law now as the Anti Trafficking in Persons Act, 2008 and had become operational on 1 February 2009. By enacting this law, Tanzania was one step in the right direction but that was not enough. Tanzania expected the international community through international cooperation to continue working with the Government on combating the scourge of trafficking in persons.
MARTHA W. KARUA, Minister for Justice, National Cohesion and Constitutional Affairs of Kenya, said this was a crucial time in the evolution of the United Nations Human Rights Council. Security, development and human rights were the three pillars of United Nations work. To this end, although the institution-building process was almost completed, efforts needed to be redoubled to make the human rights system more effective and efficient, guided by the principle of impartiality and adhering to universal standards without politicisation or selectivity. As the main organ of the United Nations in the field of human rights the Council had the obligation to human civilisation. Therefore, although the primary responsibility to guarantee human rights was a self-evident duty of every State, individual States should be supported by international activities and partners in their substantive work on human rights issues.
The Council should live up to the expectations of the international community by offering a unique opportunity to all to promote the human rights agenda by advocating strong effective mechanisms through international dialogue and cooperation. In this regard, the system of Special Procedures was one of the ways of ensuring that the Council and the international community was fully briefed and therefore able to respond aptly to situations of human rights violations throughout the world. For many developing countries, Kenya included, the financial crisis had exacerbated existing economic challenges with dire results on food security, energy and commodity prices. It had also led to the decline in exports and foreign direct investment. The international community should therefore continue to support the most vulnerable sectors, and strive to ensure that developing countries were cushioned against the effects of the crisis. It was hoped that the session would address the basic human rights and fundamental freedoms which had been most adversely affected by the global financial crisis such as the right to food, water, and housing.
With regards to the Durban Review Conference, all Member States and the international community at large should lend their full support to ensure that the Conference succeeded in addressing the vestiges of racism, racial discrimination and related intolerance that continued to raise their ugly heads in many parts of the world. Kenya was determined to overcome the prevailing challenges in upholding and protecting the human rights of all, and considered that working closely with the Council would be of immense benefit to Kenya in its quest to become a model human rights State - Kenya was ready and willing to make its contribution to the protection and promotion of human rights throughout the world in the conviction that all human rights were inherent, inter-related, indivisible and universal.
ALEXANDER V. YAKOVENKO, Deputy Minister for Foreign Affairs of the Russian Federation, said that the international community had all the necessary instruments to solve existing problems in the field of human rights, and most important of them was the United Nations Human Rights Council. In less than three years of existence the Council had successfully proved its soundness. It had not only passed through the difficult process of its formation, which all had witnessed, but had really become a strong legal and institutional basis for the promotion and protection of human rights. The Council was created not merely for the elimination of well-known shortcomings of the United Nations Commission on Human Rights. It was primarily designed as a fundamentally new format, aimed at enriching human rights doctrine, strengthening and developing equal and mutually respectful inter-State cooperation in this sphere, involving the widest possible range of participants.
The international community’s trust in the Council was clearly demonstrated by the work of the Universal Periodic Review. It was clear even now, that the good will of all States – both those being reviewed, and those making recommendations – was the necessary condition for the successful functioning of the Universal Periodic Review. Both the Universal Periodic Review and the work of the Council would not be possible without the support rendered to them by the Office of the High Commissioner for Human Rights. Russia welcomed and supported the activities of the Office of the High Commissioner for Human Rights and the activities of Navi Pillay as the High Commissioner in particular. Today, while the global financial crisis was escalating, the Office needed the support of the international community as it never did before, stressed Mr. Yakovenko. Russia was ready to continue to give to the Office of the High Commissioner for Human Rights necessary support.
The Russian Federation supported and would continue to support the consolidation of the international legal component of human rights protection. It was counterproductive to introduce to intergovernmental bodies flawed drafts that do not take into account positions of all parties concerned and had not received due consideration on the inter-State level, underscored Mr. Yakovenko. In the modern world the number of phenomenon, which not only eroded the international regime of human rights promotion and protection, but undermined its foundation, basic human rights principles and standards, had sharply increased. In particular, anyone present today could not deny that one of the most acute problems in this field was racism, discrimination on ethnic and national ground, xenophobia and related intolerance. This disease continued to mutate and reshape into new ugly forms.
AKMAL SAIDOV, Chairman of the National Centre for Human Rights of Uzbekistan, said that Uzbekistan, guided by the fundamental principles and norms of the United Nations, effectively and consecutively implemented in 2008 a large-scale programme of action devoted to the sixtieth anniversary of the Universal Declaration of Human Rights. Among others, the Parliament adopted 10 laws directly related to human rights and freedoms, including laws on the rights of the child, the protection of people with disabilities and on trafficking in human beings. Being fully aware of the negative impacts which the crimes related to human trafficking might have on Uzbekistan’s society, Uzbekistan had implemented substantial measures on preventing such crimes and fighting against them. Uzbekistan had also joined the major international instruments on combating human trafficking and protecting victims of such crimes.
International human rights standards had enabled the establishment of a comprehensive and effective model of human rights protection. This model included the establishment of national human rights institutions in Uzbekistan and the establishment of human rights departments within the Ministry of Justice, the Ministry of Interior Affairs and the General Prosecutor’s Office. Uzbekistan had also established a continuous system of human rights education. It included human rights education in preschool establishments and schools, as well as in secondary higher educational institutions.
A system of reporting to United Nations treaty bodies on human rights was in effect in Uzbekistan. This system was in full compliance with the international requirements. An important component of this system was the preparation and adoption of the national action plans and the implementation of concluding observations and recommendations of the United Nations treaty bodies after the consideration of national periodic reports. At present, Uzbekistan had elaborated and was implementing more than ten national action plans. Civil society was actively participating in the improvement of the legislation, monitoring the rights of the vulnerable, conducting educational activities and preparing national periodic reports on implementation of Uzbekistan’s international obligations in the sphere of human rights.
FRANK BELFRAGE, State Secretary for Foreign Affairs of Sweden, said one of the main purposes of the United Nations, as was evident from the Charter, was to achieve international cooperation in promoting respect for human rights and fundamental freedoms. Since then, a lot had happened. Together, in different fora within the United Nations, universal standards had been created as well as human rights machinery that included treaty bodies, Special Procedures, advisory services, technical assistance, and capacity building. Freedom from oppression, the integrity of the individual, democracy and the rule of law were no longer just big words and unattainable ideals. They had become a tangible reality for hundreds of millions of people over the past six decades. Many people were, however, still denied their freedoms and rights. When the General Assembly decided to establish the Human Rights Council, it was a decision aimed at strengthening the ability of the United Nations to ensure that all persons would be able to enjoy all human rights. The Member States also decided that the Council should address situations of human rights violations, including gross and systematic violations, and respond promptly to human rights emergencies.
Some progress had been made since the establishment of the Council - some situations of violations had been addressed in resolutions and special sessions, such as that on the human rights crisis in Burma/Myanmar, but the Council had regrettably not been able to address some other human rights emergencies, such as the situation in Zimbabwe. A number of Special Rapporteurs or country mandates had unfortunately been discontinued. Country mandates were needed to keep the Council and other parts of the United Nations system informed of serious situations and they could contribute to obtaining tangible improvements on the ground. There were a number of issues that needed to be addressed, not least the widespread use of sexual violence against women and children, and the impunity enjoyed by those responsible for violations of human rights and international humanitarian law in the Democratic Republic of Congo.
It was crucial for the credibility of the Council that it could live up to its promise of ensuring universality, objectivity and non-selectivity, in accordance with its mandate. Its mandate was not to protect Governments from scrutiny, but individuals from human rights violations. In responding to human rights violations, the Council should act as part of a broader United Nations response which bore in mind the links between human rights, security, and development. Time was against those who wanted to restrict free speech and thought - in a globalised world, a world where information was exchanged in real time, the truth about a human rights situation would come out. States should respect the freedom of expression, but also look to the corporate Internet sector to recognise its role in promoting the exercise of this freedom. The Council was now halfway to the deadline for the General Assembly to review its status - it should not wait until then to address some of the shortcomings of its work, as if it failed to do so, it would be severely judged by those whom it existed to serve and protect.
LARS PIRA, Deputy Foreign Minister of Guatemala, said Guatemala now had a high level commission, coordinated by the Foreign Office to design national plans and policies to identify an agenda for the Government’s work on human rights. Important foundations had been established within the country for the reduction of poverty and extreme poverty and the increase of civil security. The Inter-Institution for Social Cohesion showed better indicators for, among other things, the health and education sectors. The Government of Guatemala aimed to strengthen the judicial system, which was a priority, and therefore the Government needed to address the issue of impunity. A Security Act was adopted in 2008, which provided for the necessary obligations of institutions to coordinate efforts, while at the same time respecting human rights and complying with international agreements and international human rights instruments which Guatemala was party to.
On trafficking in persons, said Mr. Pira, a public policy was recently instituted, as well as measures for the protection of victims. The care of migrants was a main driving force for the country’s foreign policy. A recent achievement was the development of a policy for the care and protection of Guatemalans abroad. With regard to the Universal Periodic Review, after submitting their report, the Government of Guatemala, in order to implement the recommendations made, instituted a mechanism to follow up on those recommendations to ensure they had been implemented. In particular, the Government was asked to ratify a number of international conventions which included among others, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, which was ratified in 2008.
Guatemala had an open door policy when it came to all the international human rights instruments, said Mr. Pira. In particular, the Government welcomed the visits of the Special Rapporteurs, as these visits acted as a guide to State policy formation for the Government. The Special Rapporteur on the independence of judges and lawyers was scheduled for a visit this year. The Committee on the Elimination of Discrimination against Women had considered the country’s seventh report. The Government was working to be up to date on all its reports submitted to all the human rights treaty bodies it was party to. As a multilingual and multiethnic country, the Government looked forward to the outcome of the Durban Review Conference. Furthermore, none of the national undertakings to date would have had the impact they did without the support of the United Nations system, the aid provided for by a number of States and the Office of the High Commissioner for Human Rights. The Government of Guatemala reiterated its commitment towards the protection and promotion of human rights.
MICHELINE CALMY-REY, Head of the Federal Department of Foreign Affairs of the Swiss Confederation, said that the dignity of human beings was affected by poverty, impunity, discrimination and the continuing existence of conflicts and of authoritarian regimes that restricted freedoms. The world’s increasingly interdependent societies had to face challenges of unprecedented magnitude. Climate change, the global economic crisis and food shortages were threatening universally recognized rights and severely affecting the most vulnerable populations. The human dimension of all these challenges should remain at the centre of all efforts and concerns.
At the beginning of the 21st century, discrimination against women remained one of the major forms of discrimination. It was often the source of many other violations. The world must fight against stereotypes and prejudices and must promote women’s rights and their full participation in all societies. Discrimination was encouraged by the continuing existence of a culture of impunity, which was particularly unacceptable in cases of sexual violence. The perpetrators of such acts should be brought to justice. The persistence of racial discrimination, xenophobia and associated intolerance was also a source of concern, as these evils affected all societies. This highlighted the importance of the Durban Review Conference, which would bring together the international community in Geneva eight weeks from now to evaluate the implementation of the pledges that they had made eight years ago.
The Council must be capable of responding to emergency situations wherever they occurred, whether it was a food or a financial crisis for example, or the situation in the East of the Democratic Republic of the Congo, in Myanmar or the Middle East. Switzerland believed that the holding of special sessions was an indispensable mechanism, one that was complementary to the other mechanisms such as the Special Procedures and the Universal Periodic Review. The Council, which now sat in quasi-permanent session, must also strengthen its role of prevention of human rights violations and consider situations which were not acute crises but which were of constant concern to the international community. In order to do this, they had the means to perfect and to further diversify the instruments at their disposal to tackle each situation as appropriately, sensitively and gradually as possible so as to respond most effectively to the needs of victims, wherever they were.
HENRI EYEBE AYISSI, Minister for Foreign Affairs of Cameroon, said in 2006, the Council was created, and at that point, all were concerned with creating an efficient and credible human rights body, maintaining and strengthening the achievements of the Commission, whilst overcoming its shortcomings of politicisation and double-standards, with a model of impartiality and objectivity, working towards the universal respect of human rights through cooperation and dialogue. Through its mechanisms, such as the Universal Periodic Review, the Council had embarked on the right path, and with the election of the experts of the Advisory Body, it had continued this. It was coming ever closer to the vision of a Human Rights Council guided by objectivity, constructivism, and an objective dialogue. Cameroon was satisfied with the way in which the Universal Periodic Review was working, and with the cooperation and spirit of flexibility with which States had subjected themselves to examination.
Cameroon had always fought for the individisibilty of all human rights, including the right to development. This was why the urgent situation of developing countries, which was made worse by the food crisis and the financial crisis, should hold the attention of the international community, bearing in mind the impact that these crises could have on the enjoyment by the populations of those countries of their human rights. This was why the holding of the Special Session in February on the impact of the economic and financial crisis on the universal enjoyment of human rights was most welcome, even more so as during it the Council appealed to States not to reduce their amount of aid to development, and to respect their obligations on the universal and effective enjoyment of human rights.
The importance that Cameroon gave to human rights and its commitment to their protection and promotion were immeasurable. Its election to the Council was perceived as recognition by the international community of this fact. The protection and promotion of human rights was a permanent edifice, in permanent construction. Cameroon, by contributing to the building of this edifice, knew it could count on the support of the international community as a whole, and from the Council in particular, knowing that it would always be supported by their objective understanding, both with regards to the positive actions of the country, and with regards to its complex, social, cultural and economic situation.
PATRICK ANTONY CHINAMASA, Minister of Justice and Legal Affairs of Zimbabwe, said that Zimbabwe had too often been the target for condemnation and shaming on matters of human rights at the hands of a few members of the United Nations who sought to achieve other ends through the artifice of human rights. Zimbabwe heard them last week as had been heard over the past several years. Zimbabwe’s response remained that the situation in Zimbabwe was no worse than any other State; Zimbabwe would endeavour to improve. While the Universal Periodic Review process had now taken root, Zimbabwe was very concerned by the Office of the High Commissioner for Human Rights for a seeming determination to put Zimbabwe under the spotlight over alleged serious and systematic violations of human rights.
Zimbabwe was not without blemishes on the issue of human rights, stressed Mr. Chinamasa. It was the selectivity, partiality, bias and lurking politicisation that were of concern. The Universal Periodic Review was a clear testimony that a lot still remained to be done and achieved by all of the Member States, and yet the Office of the High Commissioner for Human Rights decided to name and shame only some. Lack of mention of sanctions that brought a lot of suffering on Zimbabwe’s people baffled the Government. The Government was not saying be silent if one viewed the Government of Zimbabwe as not protecting human rights. The Government was only saying that they needed to hear those voices loud and clear on all without favour in respect of human rights violations.
Zimbabwe wanted to assure the High Commissioner that the Government was ready to fully cooperate with her Office. Things were moving forward in Zimbabwe with a Government of National Unity in place, underscored Mr. Chinamasa. The Government deserved the support of all instead of the unrelenting attempts from some quarters to undermine it. The Government was born out of the choice of Zimbabweans, by Zimbabweans and for Zimbabweans. The promotion and protection of human rights was the responsibility of the entire Council without exception. Zimbabwe held the belief and remained seized with efforts to close existing gaps in legislation and its application with regard to the promotion and protection of human rights.
JAN BORKOWSKI, Secretary of State of the Ministry of Foreign Affairs of Poland, said that Poland had greeted the establishment of the Human Rights Council in 2006 with great hopes and expectations. Today, almost three years later, Poland seized the opportunity to reflect upon the achievements and challenges facing the Council. Poland still believed that the Council had the potential and proper instruments to be credible, impartial and effective in addressing all problems connected to the violation of human rights around the world. It was in their hands to decide to what extent they applied these instruments to ensure that the Council prevented serious and massive violations on human rights and effectively and rapidly responded to them.
The fact that the Council constituted a forum for cooperation and dialogue must not deprive it of the possibility to put pressure on States that violated human rights. In this context, country resolutions were the most appropriate instrument at the Council’s disposal. At the same time, the Universal Periodic Review had a major role to play in this respect. The essence of the Universal Periodic Review was an in-depth and constructive dialogue designed to identify the main challenges of States in the field of human rights. All four sessions of the Universal Periodic Review Working Group indicated a growing interest of States in this dialogue. Poland believed that the problems experienced at the last Group’s session could be resolved so that all States had equal opportunity to take part in the interactive dialogue.
Today, in a time of global economic crisis, it was needless to say that they were facing many challenges in the field of human rights. Bearing in mind that the primary responsibility for the protection and promotion of all human rights rested with every State, they should continue to address this crisis from the human rights perspective. In this situation, observance of principles of good governance was of particular importance. Without independent and efficient courts, without officials untarnished by corruption, without transparent decision-making, an effective fight against the current crisis was not possible. Poland was glad that the concept of good governance, as culturally and politically neutral, was gaining ever wider recognition.
FELIPE MICHELINI, Vice Minister for Education of Uruguay, said the High-Level Segment was an excellent opportunity for the Council, and Uruguay committed itself to giving the Council high priority. The effective enjoyment of human rights, civil and political rights as well as economic, social and political rights, had not been a linear process - it had always been a difficult task. Uruguay had undertaken the protection and promotion of human rights as an ethical and legal priority for the Government, based on a broad perception of all human rights as contributing to human dignity, and it hoped the recommendations of the Special Rapporteurs visiting the country would contribute to that within Uruguay and for all of its people.
Uruguay lived up to its commitments to the treaty bodies in the context of those international conventions that it had signed and ratified, such as those on the rights of the child and the rights of migrant workers and their families, and it would be submitting reports over the next year. Uruguay had ratified the Convention on the protection of all persons from forced disappearances. Combating impunity through truth, memory and justice, and highlighting the rights of victims, was important for Uruguay. All countries should sign up to the Rome Statute and cooperate in good faith with the prosecutor. The fight against terrorism and other forms of international crime could never justify torture and other cruel, inhuman and degrading treatment. Today in Uruguay justice was possible - the main perpetrators responsible for violence were in prison, and progress continued in Uruguayan society. Justice would be consolidated through, among other things, establishing a Memory Museum, to ensure such events would never take place again.
Uruguay was committed to the purposes and objectives of the United Nations. There were still enormous challenges with regards to human rights education within the country. The Government had adopted social policies to provide aid and assistance to the poorer sectors of society, while moving towards equity and greater opportunities for all, including the extension of the health networks and social services for all. Work was being done to combat racism, racial discrimination, xenophobia and related intolerance, particularly against migrants, and thus the Durban Review Conference represented a great opportunity not just for Uruguay, but for the international community as a whole, and consensus should be reached, with broad participation. Uruguay was convinced that the commitment undertaken faced with the situation would contribute to a better protection of human dignity, and it would continue to fight for the effective enjoyment of human rights for all and the defence of the rights of migrants and their families.
VU DUNG, Vice-Minister for Foreign Affairs of Viet Nam, said that Viet Nam witnessed the year 2008 with its alarming upheavals and entered the year 2009 with no better perspective. As the anxiety of the food crisis mounted, a financial crisis had finally erupted, sweeping the world economy into a recession storm that hit not only such economic powers as the United States and the European Union but also developing nations. Crises one after another had driven people around the globe in difficult circumstances, the extent and consequences of which were yet to be fully assessed. Undoubtedly, these were challenges to the promotion and protection of economic, social and cultural rights, threatening to undermine the achievements in poverty reduction and to delay the realization of the Millennium Development Goals in many countries, in particular developing nations.
It was now important, more than ever, that the Council strengthen its solidarity, to take effective mutual help measures in order, on the one hand, to restore economic growth, laying the groundwork for sustainable development, and on the other, to minimize the adverse impacts of the crisis on the lives of people. Recently, despite efforts of the international community, armed conflict, and ethnic and religious tensions were still rampant in many places, violating the most fundamental right of mankind to live in peace and freedom. Mr. Dung stressed that Viet Nam shared the concerns of the international community over the current situation in the Middle East related to the military assault on the Gaza Strip, claiming lives of innocent civilians, especially women and children, and causing severe damage to properties, including hospitals, schools and United Nations facilities.
During the first several months of 2008, the Government of Viet Nam focused on implementing eight sets of measures to bring down inflation, stabilize the macro-economy, ensure social welfare and maintain a reasonable growth rate, said Mr. Dung. During 2008, the Ministry of Foreign Affairs of Viet Nam organized human rights dialogues with the European Union, the United States, Norway, Switzerland and Australia, and duly prepared for and submitted the national Universal Periodic Review report. In the upcoming period, Viet Nam planned to invite a number of Special Rapporteurs to visit the country to facilitate their deepened understanding of the country.
ANGEL LOSSADA, Vice-Minister of Foreign Affairs of Spain, said that Spain had great expectations in universal organs, such as this Human Rights Council, that allowed discussing and analyzing questions that affected all, counting on the opinion and compromise of all. Spain had contributed actively to the elaboration of new international conventions, as was most recently the case for the Convention on the Protection all Persons from Enforced Disappearances, and the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights. At the national level, extensive legislative action had been taken to improve the protection of the most vulnerable, as women affected by general violence or persons with disabilities. Furthermore, participation of civil society was most important in all examination processes and the promotion of human rights.
In Spain’s view, especially in the context of an economic and financial crisis, it was important to unequivocally confirm their commitment to freedom, judicial equality and human rights. In this context, Spain was hoping to be among the first States to sign the Optional Protocol of the International Covenant on Economic, Social and Cultural Rights, which would soon be open for signature. Spain’s firm conviction that human rights would have to be observed always and with no exception was never compromised in the last 30 years during Spain’s democratic fight against terrorism. This scrupulous respect for the norm and the spirit of human rights, far from making Spain more vulnerable, constituted a source of legitimacy and moral power underlying the fight for the eradication of this plight.
Spain attached great importance to the good functioning of the Council and welcomed the good results achieved so far. However, the Council had to start thinking about improving and making more effective its mechanisms, in view of the revision in 2011. The Council could only defend the values which 60 years ago inspired the Universal Declaration of Human Rights and celebrate the progress made, if they were aware that human rights of women, victims of terrorism, child soldiers, those persecuted because of their sexual orientation and those that suffered from hunger were still violated. Only if they renewed their commitment to fully implement all recommendations could they truly celebrate progress in the promotion and protection of human rights of all.
WILFREDO CHAVEZ, Vice Minister for Justice and Human Rights of Bolivia, said the Human Rights Council was very important - it had, quite rightly, become a democratic stage for the discussion of human rights, which required permanent support and continuity, and this was reflected in the excellent results it had achieved in such a short time. The Council had also dealt with thematic issues in special sessions. This was a tangible achievement of the Council. With regards to the Universal Periodic Review, efforts needed to be redoubled to improve it. That there was a multilateral dialogue on human rights was an important step, and should be encouraged. Bolivia had suffered from the scourges of discrimination, and there were still traces of this, and thus it fully supported the Durban Review Conference.
The Government of Bolivia was conducting a number of public policies with the active involvement of social movements. The central subject of human rights was ever more significant in Bolivia, as it was at the high point of economic and legal changes, with the nationalisation of strategic business exploiting natural resources. In order to implement these policies, Bolivia had worked on a wide range of political instruments at the highest level, including the National Development Plan, as the very basis for action by the Government, including on human rights, the National Human Rights Plan, and the political Constitution. This latter was based on the protection and promotion as well as defence of human rights - it was the Constitution of Equality and Rights. These were vital for the effective enjoyment of civil and political rights, as well as economic, social and political rights, and also covered other essential rights, such as the right to food, the right to water, the rights of indigenous peoples, and the right to live in a healthy environment.
Cultural rights required international support to be effectively enjoyed. There was much still to be done. Bolivia had as an immediate task to combat extreme poverty, and reduce illiteracy levels. These tasks could only be achieved if the international community was involved in them, providing decisive support. The Government was made up of persons fighting for human rights, and it wished to fulfil its commitments. This was vital for its people to live, and live well.
PAUL HERBERT OQUIST KELLEY, Minister and Private Secretary of National Policy of Nicaragua, said that the establishment of this Council was the result of a deep need for the United Nations to set up a body that dealt with human rights on the same level that it dealt with security and development. The problems facing mankind were all shared. The whole world needed to be part of the solutions. The current economic and financial crises also held back human development and violated human rights. Catastrophes were natural or of human origin, but the human catastrophe of the economic and financial crises could have been avoided. Capitalism focused on income, wealth, and power in a cyclical way, with winners and losers. Through the fall of employment and exports, inflation and devaluation, and possibly when interest rates rose again, Nicaragua and many others would further suffer. Nicaragua upheld the Council’s decision to hold a Special Session on this crisis.
Currently, literally trillions of dollars had been spent to rebuild trust in financial markets and institutions; however, trust was more than a matter of money, but also of equity and justice. It was obvious that urgent and immediate action for poor countries without social security and financial reserves had to be addressed. An ever-increasing gap between the rich and poor could no longer be justified. Today while the rich lived, the poor survived at subsistence level. Cooperation and dialogue within the Council had proven the most vital tools for advancing in the promotion and protection of human rights, stressed Mr. Kelley.
A nation deprived of its right to development was condemned to live in poverty and underdevelopment, and would not be able to achieve the Millennium Development Goals which all had agreed on. Countries like Nicaragua would continue to grow poorer. Poverty meant that Nicaraguan society lost the opportunity to development. The Government of reconciliation and national unity had established as a priority the recovery rights for all citizens of Nicaragua. There was a national human development plan and a national economic plan. Through these plans, the Government ensured that safe drinking water reached over 74,000 families, 9,000 kilometres of roads had been repaired, and 900,000 children were provided with school meals, among other things. Nicaragua reiterated its commitment to the protection and promotion of human rights. Solidarity among the people of Nicaragua was main to overcoming underdevelopment, poverty and the recovery of one’s dignity, underscored Mr. Kelley.
NKOSAZANA DLAMINI ZUMA, Minister of Foreign Affairs of South Africa, said that no country in the world seemed to have reached the level where all citizens enjoyed all human rights enumerated at the Vienna World Conference of Human Rights. Human rights were still a challenge both to the developed and developing world in varying degrees. South Africa firmly believed that human rights violations and the question of their practical enjoyment were the legitimate concerns of the international community. Human rights were universal, indivisible, interdependent and interrelated, they must therefore be treated on an equal footing and with the same emphasis. In this regard, South Africa noted with concern that despite the Beijing Declaration and Programme of Action, women’s rights were still not treated as human rights. They still occupied the lowest rung of the ladder. Many children and people with disabilities, in particular, still lived in conditions of debilitating poverty and hunger. Access to proper health care, illiteracy, unemployment and the food crisis still plagued developing countries despite more than six decades of United Nations work on the global eradication of poverty.
Despite South Africa’s achievements, as a young democracy, it still battled with a number of challenges including the outbreak of xenophobia which suddenly visited South Africa in May 2008. The Government deplored and regretted the loss of life, destruction of property and displacement of people. The experience had encouraged its authorities who were currently engaged in a process to ensure the smooth reintegration of those affected. South Africa’s law enforcement agencies were striving to ensure that there was no impunity for those responsible for these inhumane acts. Inspired by the fundamental tenants of its constitutional democracy, South Africa still continued in its quest to build an inclusive society, promoting social cohesion, and achieving a national identity which would make them uniquely South African.
South Africa like other countries of the developing world, for the first time found itself as the receiving end of a disproportionately high number of economic refugees, asylum seekers and migrants which had stretched its service delivery almost to breaking point. South Africa still experienced sporadic general incidents of racism at various levels of the society.
MIGUEL D'ESCOTO BROCKMANN, President of the General Assembly, said the Council had been established to give higher visibility and importance to human rights alongside with peace, security and development. Most gross human rights violations were committed by the United Nations' own Member States. Vigilance should be particularly strong within the Human Rights Council if it was to maintain its current, reinvigorated momentum, and strengthen the protection of the most vulnerable citizens. As a new body, the world was watching the Council as it underwent a paradigm shift from the culture of confrontation and mistrust that pervaded the Commission in its final years. The world was now confident that the Council was achieving a new culture, inspired by strong leadership and guided by principles of universality, impartiality, objectivity and non-selectivity, constructive international dialogue, and cooperation. These principles would enhance the protection and promotion of all human rights.
The world was watching, as it relied on the Human Rights Council as the epicentre of hope and participation for all peoples and Governments in addressing global human rights challenges. As a forum for dialogue, understanding and cooperation in which to achieve the universal realisation of human rights, its credibility and effectiveness were measured by its transparency and even-handedness. The General Assembly and the Human Rights Council were inextricably linked in the search for a democratic system of global governance, and the Assembly looked to the Council to continuously expand and strengthen the body of human rights law, and the implementation of these laws so that they were universally respected. Since its establishment, the Council had overseen breakthroughs in the area of human rights protection, and had provided insightful and meaningful input to the Assembly's discussion on emerging issues of great concern, including the ongoing food crisis and now on the impact of the financial crisis on development.
Still, the Assembly and the Council needed to ensure a more synergetic approach when addressing human rights issues. In order to go from words to concrete action, the Council and its institutions should run smoothly and be fully equipped. The Special Procedures served as a vanguard mechanism for early detection of problematic human rights issues and sustained protection. The merit of the Universal Periodic Review was that it ensured universality, objectivity, non-selectivity in the work of the United Nations human rights machinery, and reduced the political manoeuvring that characterised the defunct Commission. The world was facing daunting new challenges, the magnitude and multifaceted aspects of which required a collective and concerted response, and the United Nations should play a central role in confronting these challenges, which included climate change, the food crisis, globalisation, terrorism, and new or resurgent epidemics. Developing countries suffered the most from the harsh effects of the financial crisis.
The Council should assist the General Assembly in developing greater conceptual clarity on the international dimension of human rights obligations to provide access to safe drinking water and sanitation, notably in relation to bilateral development agreements and bilateral cooperation. Similarly, the concept of the right to food, fundamental to the established rights to an adequate standard of living and health, should be bolstered. The Council should also focus on the profound problems that had been created by the massive violations of human rights in Iraq, and should put the question of the situation of human rights in Iraq on the agenda, and could discuss the appointment of a Special Rapporteur to report on the situation of human rights there. It was ironic that for almost 20 years before the United States led invasion and occupation, there was a Special Rapporteur on Iraq. Yet precisely when the largest human catastrophe on earth began to unfold in Iraq in 2003, this post was eliminated. Tasks were many and responsibilities enormous, and the United Nations had a central role to play in advancing and protecting the rights that had been so painstakingly established over the decades. This required partnership and cooperation - and for this, the Council could count on the General Assembly.
For use of the information media; not an official record
HRC09017E