HUMAN RIGHTS COUNCIL CONSIDERS ANNUAL REPORT OF THE HIGH COMMISSIONER FOR HUMAN RIGHTS
The Human Rights Council this morning took up its agenda item on the annual report of the United Nations High Commissioner for Human Rights and reports of the Office of the High Commissioner and the Secretary-General. Following a presentation by the High Commissioner, in which she highlighted the activities of her Office over the past year, there was an interactive debate, in the context of which speakers raised a range of issues, including the functioning of the Universal Periodic Review, violence against women and girls, and the upcoming Durban Review Conference.
Navi Pillay, United Nations High Commissioner for Human Rights, introducing her report, said the past year coincided with the completion of the institution-building process, and also marked the consolidation phase of the Human Rights Council, which, with its frequent regular and special sessions, was now virtually a standing body. Discrimination was all too often at the root of other human rights abuses. Combating discrimination in all its aspects represented a priority for the Office. Indispensable preconditions to prosperity, security and welfare hinged upon the implementation of economic, social and cultural rights, as well as upon giving full recognition to the right to development. In the past year, the Office had devoted considerable effort to the promotion and advocacy of these issues. To foster an environment of tolerance and respect, it was vital to strike the right balance between freedom of expression and the need to avert or curtail incitement to hatred. Human rights should be upheld at all times even in the face of modern-day terrorism.
In the context of the interactive debate, speakers raised a range of issues, including the Universal Periodic Review, which they said was already operational and had allowed for the review of 64 countries, one third of the whole membership of the United Nations. It acted as a catalyst for an effective dialogue on human rights, helped create more awareness and expedited needed actions for the promotion and protection of human rights. However, some speakers pointed out that the implementation of the outcome of the Universal Periodic Review process remained the sole responsibility and prerogative of the concerned country. The last sessions of the Universal Periodic Review showed its effectiveness and how States were examined on an equal footing - this could still be improved, and it was the responsibility of the Council to move forward on this, speakers said.
Violence against women was also an issue of important concern, with speakers noting the alarming level of domestic violation which encompassed all regions regardless of economic development and ethnic and religious identity. There was also grave concern for the number of cases of violations against women during armed conflicts, in particular sexual abuse and rape. It was timely to plan for the creation, within the heart of the United Nations system, of a mechanism against laws and practices discriminating against women - a special mechanism, in close relationship with the Committee on the Elimination of Discrimination against Women, would allow better and more focused concentration on measures against discrimination, whether de jure, de facto, or indirect, a speaker said.
The Durban Review Conference was an important milestone, and required everyone’s valuable contributions in order to ensure an effective outcome, speakers said. It was only by way of consensus and broad participation that it could be a success next April, and the international community should be sent a broad message on the importance of combating racism and discrimination. The preparatory process was intensive and as such all Members States should put forth a vigilant effort to reach consensus on the outcome document. Racism, racial discrimination, xenophobia and related forms of intolerance deserved urgent attention as they affected millions around the world and in particular, minority groups, victims of multiple forms of discrimination. In the run up to the Durban Review Conference, all should engage in a frank, transparent, unconditional and constructive exercise.
Speaking this morning were the representatives of Pakistan for the Organization of the Islamic Conference, Cuba for the Non-Aligned Group, Czech Republic for the European Union, Egypt for the African Group, Yemen for the Arab Group, Chile for the Group of Latin American and Caribbean Countries, Kuwait, China, France, Azerbaijan, Angola, Brazil, Philippines, Qatar, Switzerland, Ireland, Argentina, and Algeria.
At the beginning of the meeting, the Council concluded its general segment, which was held yesterday afternoon, after hearing a number of countries exercise their right of reply. They were the representatives of India, Democratic People's Republic of Korea, Iran, Pakistan, Israel and Japan.
The Council will resume its interactive debate with the High Commissioner this afternoon, after which time it will also hear presentations of reports of the Office of the High Commissioner for Human Rights and the Secretary-General by the Deputy High Commissioner for Human Rights, Kyung-wha Kang.
Right of Reply
RACHITA BHANDARI (India), speaking in a right of reply with regards to the general segment of the previous day, said the delegation of Pakistan had referred gratuitously to the state of Jammu and Kashmir. India had initiated a composite dialogue on all outstanding issues on the basis of the commitment made by the Presidents of the country not to permit any territory under Pakistan's control to be used for terrorism against India in any manner. This commitment had been broken repeatedly. There could be no dialogue until Pakistan took credible actions to bring the perpetrators of these terrorist attacks to justice and to guarantee that terrorist attacks from Pakistan and Pakistan-controlled territory cease.
KIM YONG HO (Democratic People's Republic of Korea), speaking in a right of reply, said Japan was not qualified to say anything about the situation of human rights in other countries - it was a well-known fact that Japan committed unprecedented heinous crimes against humanity in Korea and other Asian countries. However, Japan had continued to deny the acceptance of its state legal responsibility as well as a sincere apology and due compensation, and had persisted in distorting its crime-woven history. Japan should address the crimes against humanity it committed in Korea, and should stop immediately the preposterous attempts to abuse the abduction issue for impure political purposes.
ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a right of reply, said Iran strongly rejected the baseless allegations and fabricated distortions raised against Iran by the representative of the Israeli regime. These were but a preposterous, and indeed tired practice to distract the international community's attention from the criminal policies and abhorrent atrocities of the Israeli regime in occupied Palestine, and elsewhere in the region and most recently in the Gaza Strip. This regime posed the sole and most real, serious and urgent threat that the world and the region were facing today, and should be countered by the international community urgently and decisively. All these atrocities had been committed in a climate of impunity, and in clear defiance of all international condemnations and the United Nations decisions and resolutions. The international community and the Human Rights Council in particular should take all necessary measures, as a matter of priority, to force the Israeli regime to stop its human rights violations, and to put an immediate end to occupation as the main root cause of all those violations and atrocities.
MARGHOOB SALEEM BUTT (Pakistan), speaking in a right of reply, said with regards to the remarks of India, that the Indian delegation had said that Kashmir was a part of India, and terrorism was emanating from Pakistan. Pakistan had always rejected this claim. Kashmir was an internationally recognised disputed territory. The Security Council's demand for a free and fair plebiscite remained to be implemented. As for the second assertion, that terrorism was emanating from Pakistan - it was not Pakistan's territory that was used to promote terrorism in the region. It was India that had and continued to promote terrorism in the region, and the same policies in the very tragic assassination of two of its Prime Ministers. India should not see a mirror of its policies in Pakistan. Pakistan was a front-line state in the war against terror, and was taking all possible steps to combat terrorism, and this was appreciated by the international community. As for the last assertion, with regards to the composite dialogue, Pakistan wished to revert to the process of building peace and stability in the region without preconditions, but it was up to India to decide whether it wanted to join this process.
AHARON LESHNO-YAAR (Israel), speaking in a right of reply, said since the advent of Iran, the struggle against Zionism and Israel had captured a central place in the regime's ideology. Throughout the Middle East and the entire world, Iran stood out as the only country to make deliberate, intensive use of the weapon of anti-Semitism, combined with a genocidal policy which sought to destroy Israel. Iran used hate speech in this forum, spewing propaganda like it was truth. Iran was well known as a main source of evil and terror in the Middle East, sparing no effort to support Islamic terrorist groups operating within Gaza, Lebanon, and Iraq, among others. If indeed Iran truly had the interests of the Palestinian people at heart, these efforts would have been better well spent on helping the Gazan people create a self-sustaining and efficient economy, donating funds to build necessary infrastructure, and taking the initiative to participate in peace talks on a two-state solution. Iran, together with Hezbollah and Hamas, shared the responsibility of the destabilisation of the Middle East, and the Council should in future take a strong stance against the incitement of hatred and anti-Semitic propaganda within the walls of the Council.
SHINICHI KITAJIMA (Japan), speaking in a right of reply, said with regards to the remarks by the delegation of the Democratic People's Republic of Korea, the Government of Japan had been facing the events of the past with sincerity, publicly expressing its remorse and apology many times, consistently determined to become an economic power rather than a military power, and seeking a resolution of problems through peaceful means, dedicated to international peace and prosperity. The Government remained committed to normalising its relationship with the Democratic People's Republic of Korea, through comprehensively resolving the outstanding issues of concern, including abduction, nuclear and missile issues, and settling the unfortunate past.
ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a second right of reply, said Iran strongly rejected the baseless allegations and fabricated distortions just made by the representative of the Israeli regime. The attention of the Council was drawn to the outcome of the ninth Special Session of the body on the Israeli aggressions in the Gaza Strip, and Iran requested its immediate and urgent implementation.
KIM YONG HO (Democratic People's Republic of Korea), speaking in a second right of reply, said the Democratic People's Republic of Korea rejected the allegations made by Japan right now. If there were any abduction case, then it were to determine the fate of millions of Koreans, abducted by Japan during its military occupation. It was absurd to claim that these issues were past. Nevertheless, Japan was using this issue to portray itself as a victim, and to avoid its past crimes. The Democratic People's Republic of Korea had implemented its obligations according to the Pyongyang Agreement, but Japan had not. Japan should accept its state legal responsibility, and sincerely apologise for the crimes against humanity it perpetrated against the Korean people.
SHINICHI KITAJIMA (Japan), speaking in a second right of reply, said with regards to the remarks of the Democratic People's Republic of Korea, in addition to the earlier remarks, it could be added that in the consultations between Japan and the Democratic People's Republic of Korea last August, both sides agreed on the modalities for the resolution of the abduction issue. Following the adoption of the Democratic People's Republic of Korea resolution in the Third Committee last November, the Democratic People's Republic of Korea representative said that the country was ready to do anything to resolve this issue. The country should move forward on this promise and make good, commencing investigation of the issue without delay.
Document
The Council has before it the Annual Report of the United Nations High Commissioner for Human Rights, A/HRC/10/31, which elaborates on the strategic themes identified in the Strategic Management Plan for the period 2008–2009 and their implementation. The report also gives an overview of ongoing efforts in the field and activities related to the sixtieth anniversary of the Universal Declaration of Human Rights. The report focuses on the support for an inclusive and successful Durban Review Conference and the leadership of the Office in enhancing a rights-based approach on issues such as migration, freedom of expression and incitement to racial and religious hatred. Finally, the report highlights the support for human rights treaty bodies and the importance of ensuring follow-up to the recommendations resulting from their work. The report says that it is encouraging that the Council provides a forum for the review of the situation of human rights in all States, including those which had not come under the scrutiny of the Commission on Human Rights.
The Universal Periodic Review may serve as a tool for strengthening the promotion and protection of all human rights for all on the ground. To this end, the field presences of the Office of the United Nations High Commissioner for Human Rights are an essential interface between the international human rights machinery and needs at the national level so that they can be reflected accurately in recommendations and conclusions, and their implementation facilitated, in particular, in relation to requests for capacity-building and technical assistance. Among others, the report points out that the issue of combating impunity is critical to the realization of human rights, as laid out in the Universal Declaration of Human Rights, the Convention on the Prevention and Punishment of the Crime of Genocide, and the Vienna Declaration and Programme of Action. Much still remains to be done, particularly at the national level, to shore up accountability for serious violations. The report outlines that in 2008, the impact on all human rights of the food and energy crisis earlier in the year, followed then by the financial crisis, was felt globally, but most particularly by those individuals and groups in society who were already marginalized and discriminated against. The Office of the United Nations High Commissioner for Human Rights has continued to focus on strengthening human rights promotion and protection at the country level by means of the various tools at its disposal, including support for human rights mechanisms, dialogue with national counterparts, continued partnerships within the United Nations system and with regional organizations, and through field presences.
Presentation by the High Commissioner for Human Rights of her Office’s Report
NAVI PILLAY, United Nations High Commissioner for Human Rights, said undoubtedly 2008 had been of particular importance for the Council and the work of the Office of the High Commissioner for Human Rights. The past year coincided with the completion of the institution-building process, and also marked the consolidation phase of the Human Rights Council, which, with its frequent regular and Special Sessions, was now virtually a standing body. The report offered a detailed explanation of the Office's activities over this period. The Universal Periodic Review was an innovative mechanism which complemented the human rights treaty bodies and the Special Procedures. As the experience of the review had shown, States had conscientiously prepared their national reports through broad consultations with all relevant stakeholders, including civil society. Various countries under review firmly pledged to strengthen implementation at the national level, as well as their cooperation with the Special Procedures. At the end of the first Universal Periodic Review cycle, it would be instructive to assess the extent to which independent expertise could further enhance the Universal Periodic Review process.
The Council had been responsive to some thematic and country-specific emergencies, particularly through its Special Sessions. It should also and more consistently direct its attention to alleviating chronic human rights conditions through additional forms of interaction. The Special Procedures were uniquely placed to act as an early-warning system to situations involving serious human rights violations. As a result of the Special Procedures review, rationalisation and improvement process, the Council had discontinued a number of country mandates, while renewing all existing thematic mandates, and establishing two new ones.
Discrimination was all too often at the root of other human rights abuses. Combating discrimination in all its aspects represented a priority for the Office. On the Durban Review Conference, the Office's main areas of action included supporting the Chair of the negotiations, building a full programme of wide-ranging side events to allow for optimal participation by civil society, and establishing a public information campaign. The contribution to the Conference process described relevant activities that the Office had undertaken since 2001, and also formulated proposals to enhance the implementation of the Durban Declaration and Plan of Action, aiming at establishing common ground for future action in the fight against racism. These proposals should be regarded and used as building blocks for a successful outcome of the Durban Review Conference.
Discrimination against women and girls triggered violence against women, which, the United Nations had noted, had reached the proportions of a pandemic, creating the conditions in which impunity could fester. Rendering justice to the victims was not only a moral imperative, but also a legal obligation, without which communal welfare was compromised. The international community was increasingly engaged in combating discrimination against indigenous peoples and minorities, and the Office was participating in this. Discrimination also disproportionately affected migrants - in this regard, a step in the right direction would be universal ratification of the International Convention for the Protection of the Rights of all Migrant Workers and Members of their Families. The Office actively advocated such development.
Indispensable preconditions to prosperity, security and welfare hinged upon the implementation of economic, social and cultural rights, as well as upon giving full recognition to the right to development. In the past year, the Office had devoted considerable effort to the promotion and advocacy of these issues. The Office had also convoked a seminar of world-renowned experts for an intensive discussion on the prevention of genocide, and would soon publish the outcome of the discussion. The Office also insisted on the need to combat impunity in order not only to punish but also, and crucially, to deter human rights violations and violence. A climate of impunity emboldened perpetrators to strike, while affording no solace to the victims. National and international measures should be taken to secure the right to the truth, the right to justice, and the right to reparation and other guarantees of non-recurrence.
The Office was also committed to assisting countries that were making the transition from conflict to stability and peace. To foster an environment of tolerance and respect, it was vital to strike the right balance between freedom of expression and the need to avert or curtail incitement to hatred. Human rights should be upheld at all times even in the face of modern-day terrorism - the Office focused on the indivisibility of human rights and explored ways to protect and promote fundamental civil, political, economic, social and political rights in the context of countering-terrorism, including the rights of detainees.
Since assuming her functions, Ms. Pillay said she had undertaken several missions to Latin America, Europe and Africa, and later this month would be undertaking a mission to Asia. She had visited Colombia, where she lauded the Government's efforts to promote accountability and provide remedy to victims, but where human rights violations persisted in the context of the armed conflict. In Haiti, she had noted the urgent need to address economic and social rights. In the United Kingdom, she had addressed the issue of human rights and counter-terrorism.
Since she last spoke to the Council, Ms. Pillay said there had been encouraging as well as worrying developments in human rights situations on the ground. The decision to close the Guantanamo Bay detention centre was welcomed, as was the constructive engagement that the Office had been able to develop through country offices in Uganda and Togo, human rights advisers in Guinea, Kenya, Niger and Rwanda, as well as regional offices in Addis Ababa, Yaoundé, Pretoria and Dakar. The situations in the Democratic Republic of the Congo, Somalia and Zimbabwe remained matters of concern. Of pressing concern was also the situation in Sudan. Ms. Pillay had been following closely the situation of civilians trapped in the conflict zone in northern Sri Lanka. She had been dismayed by the harrowing accounts of members of the Rohingya minority of Myanmar. Regarding the situations in the Occupied Palestinian Territory and in Afghanistan, the Deputy High Commissioner would address these vital topics later in the session. There was finally concern for serious allegations of human rights violations perpetrated during and following the August 2008 conflict in Georgia.
A highlight of the year was the activities marking the sixtieth anniversary of the Universal Declaration of Human Rights, which was a historical moment in time, for the Office and the Human Rights Council to reaffirm their commitment for the protection and promotion of all human rights for all.
Interactive Dialogue with High Commissioner
ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that the High Commissioner’s intention to hold regular briefings for the membership to share information on the Office of the High Commissioner of Human Rights’ work was a welcome move. Regular interaction and streamlining of perspectives helped achieve mutually desired aims in a more rapid and collaborative manner. In this regard, the Organization of the Islamic Conference recalled and appreciated the High Commissioner’s pledge, made during the last session, to an open-ended, frank and mutually reinforcing interaction with the Human Rights Council as well as assurance to pursue impartiality and commitment to truth, with no tolerance or double standards or selective application. The Organization of the Islamic Conference together with the African Group had proposed the convening of a formal discussion on the relationship between the Human Rights Council and the Office of the High Commissioner of Human Rights. Such a dialogue would help define and streamline the institutional relationship between the Council and the Office.
The Universal Periodic Review process acted as a catalyst for effective dialogue on human rights, helped create more awareness and expedited needed actions for the promotion and protection of human rights. The Organization of the Islamic Conference attached great importance to the independence and impartiality of the treaty bodies and appreciated the continued support given by the Office of the High Commissioner of Human Rights to improve and harmonize their working methods. However, late submissions as well as non availability of reports in all United Nations languages continued to seriously hinder the ability of Member States to have an informed discussion with the Special Procedures.
JUAN ANTONIO FERNANDEZ PALACIOS (Cuba), speaking on behalf of the Non-Aligned Movement, said that in the High Commissioner’s statement, she touched upon the priority that she attached to the Durban Review Conference. The Non-Aligned Movement was strongly committed to that process and would present detailed comments on it in the General Debate under agenda item 9. The Universal Periodic Review was already operational and had allowed for the review of 64 countries, one third of the whole membership of the United Nations. By holding 10 Special Sessions, the Council had also proven to be a useful tool to respond to emerging or existing situations that could endanger the full enjoyment of human rights. The fact that two of those sessions were devoted to “thematic” situations represented a real improvement, and showed the ability of the Council to go beyond the practice of its predecessor, and deal with urgent threats that affected the entire world.
The question of the relationship between the Human Rights Council and the Office of the High Commissioner for Human Rights had been pending for quite a while. Steps should be taken to begin this discussion as soon as possible. Such an exercise would contribute to reinforcing transparency, mutual cooperation and synergies in the work of the two bodies, while taking into account the status of the Council and the independence of the Office of the High Commissioner for Human Rights. The Universal Periodic Review had been successful so far; however, there were concerns on the methodology followed by the Office in the preparation of the summary and the compilation reports. The Non-Aligned Movement asked what measures were being taken by the Office to ensure an objective, fair and impartial documentation for all States?
KAREL SCHWARZENBERG (Czech Republic), speaking on behalf of the European Union, said the continuous dialogue between the Office of the High Commissioner for Human Rights and the Human Rights Council was appreciated, as was the highly open manner in which the High Commissioner informed the Council about the goals of the Office and how it intended to achieve these results. The European Union fully supported the independence, integrity and impartiality of the Office, and saw no added value in further discussing the relationship of the Council with the Office. The important work undertaken by the Office for the Universal Periodic Review mechanism was also appreciated. The European Union would like to support further action by the Office to promote civil society's role in the Universal Periodic Review, as well as in the work of the United Nations human rights system as a whole. The system of Special Procedures acted as the eyes and ears of the Council, and worked as a torch shining light upon serious situations and themes that otherwise would not be systematically observed and considered.
The information provided in the report on developments in strategic thematic areas was useful. The European Union was committed to combating discrimination and inequality, while paying special attention to the most vulnerable groups. The European Union echoed the concerns about the protection of civilians in Sri Lanka, and that they should be protected by all sides to the conflict, and those responsible for serious human rights violations should be punished. There was also concern over dire human rights and humanitarian situation in Zimbabwe.
AMR ROSHDY HASSAN (Egypt), speaking on behalf of the African Group, said that the African Group shared the emphasis the High Commissioner placed on the role of the Universal Periodic Review in the promotion and protection of human rights at the national level. However, the African Group was of the view that the Universal Periodic Review was proceeding in the right course stated by the institution building text. The role of the treaty bodies and the Special Mechanisms was well defined and sufficiently injected in the process. The Group did not see the need to alter the current practice. Furthermore, the Group emphasized that the implementation of the outcome of the Universal Periodic Review process remained the sole responsibility and prerogative of the concerned country.
As for the proposed idea of allowing the Council to address issues during the intersessional periods through presidential statements, the Group wished to stress that such action was contradictory with the institution building text that clearly emphasized the purely organizational and procedural manner of the work of the bureau. Regarding the International Criminal Court, the African Group believed that this issue remained subject to a sovereign decision to be made by every State. States should not be requested to accept arrangements beyond their international commitments, as this would be in contradiction with the Vienna Convention on the Law of Treaties. Furthermore, the African Group would have wished to see the issue of the situation in the Arab Occupied Territories, including Jerusalem and Golan, addressed in the introduction of the High Commissioner.
IBRAHIM SAIED MOHAMED AL-ADOOFI (Yemen), speaking on behalf of the Arab Group, said that the presentation by the High Commissioner was an interesting one, and the Arab Group thanked her for her Office’s contribution to the promotion and protection of human rights. The Durban Review Conference was an important milestone, and required everyone’s valuable contributions in order to ensure an effective outcome. With regard to proposals concerning the Universal Periodic Review, and the publication of statements on behalf of the President of the Council, there was no need to extend the scope of action; the Presidency of the Council should remain neutral, in accordance with the Constitutional text guiding the Council’s work.
With regard to the work of the Office of the High Commissioner for Human Rights, the Arab Group believed this work was important, and believed the dialogue between the Office and the Council should be strengthened. The Arab Group stated with concern the fact that the serious violations of human rights suffered by the Palestinian people and which was imposed on the Palestinian population by the recent invasion in Gaza were not mentioned in the High Commissioner’s report. The Arab Group said it looked forward to future cooperation with the Council.
CARLOS PORTALES (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries, said the report of the High Commissioner was useful in showing the efforts of the Office in promoting and protecting human rights for all, in particular the most vulnerable. The announcement as to the holding of regular consultations between the Office and States was welcome as it would facilitate the Council's work. The last sessions of the Universal Periodic Review showed its effectiveness and how States were examined on an equal footing. This could still be improved, and it was the responsibility of the Council to move forward on this. Discrimination against women and girls needed to be dealt with by the Council, with the effective support of the Office of the High Commissioner for Human Rights. As the report stated, this led to violence against women and girls, which happened in all regions and cultures, and sexual violence in situations of conflict should be urgently addressed.
The right to equality should not permit any discrimination. The decisive support of the Office of the High Commissioner for Human Rights should continue in this regard. Poverty reduction, in particular extreme poverty, was an ongoing challenge. This affected women in particular, and a human rights approach should be encoded within attempts to tackle it, in particular in the Millennium Development Goal-related efforts. It was only by way of consensus and broad participation that the Durban Review Conference could be a success next April, and the international community should be sent a broad message on the importance of combating racism and discrimination. Under the leadership of Ms. Pillay, the Office would be successful in finding solutions to the immense challenges facing it.
SADIQ MARAFI (Kuwait) said that Kuwait saluted the role of the High Commissioner in the promotion and protection of human rights. It especially welcomed her efforts in the preparatory process of the Durban Review Conference. However, Kuwait expressed its disappointment that the High Commissioner’s statement did not make any reference to the Occupied Palestinian Territories, including Jerusalem and the Golan. The tragic situation there required immediate international action, which would be in line with international humanitarian law. Kuwait hoped that this failure to mention the situation would be remedied in a dialogue of the High Commissioner and the Arab Group.
LI BAODONG (China) thanked the High Commissioner for her comprehensive report and also thanked her predecessor for her contributions. China said that the Office of the High Commissioner for Human Rights prioritized work for the most vulnerable groups in society, and advocated for cooperation and dialogue, with a spirit of respect and pragmatism. The High Commissioner’s Office had made a great contribution to the work of the Council since its establishment three years ago. China hoped that the Office of the High Commissioner for Human Rights would continue to further strengthen its relationship with the Council. China supported the Office in assisting the treaty bodies in harmonizing their work, and was pleased to note that since taking office the High Commissioner had intensified coordination and communications with regional groups.
China appreciated the Office’s focus on combating racism and racial discrimination. The Durban Review Conference was the most important conference to date since the 2001 World Conference on Racism. The preparatory process was intensive and as such China called on all Members States to put forth a vigilant effort to reach consensus on the outcome document. The High Commissioner’s Office also attached great importance to developing countries, and China urged the Office to increase the number of staff members from developing countries. China also hoped that the Office would increase collaboration with other international organizations. China was committed to continue to work with the Office of the High Commissioner for Human Rights with a view of equality and mutual respect.
JEAN-BAPTISTE MATTEI (France) said France was keen to see the independence of the work of the Office of the High Commissioner for Human Rights preserved, and appreciated the openness and transparency in the dialogue. The Universal Periodic Review had begun to operate, but it was only a beginning - the results were only beginning to be seen, and the possibilities of the mechanism were far from being exhausted. It should not be forgotten that States themselves had the responsibility of ensuring the credibility of the process at all stages. It was important for the Office to maintain its presence in the field, helping States and ensure that human rights were fully taken on board in conflict situations, reconstruction efforts, and others.
The Office of the High Commissioner for Human Rights was an essential part of the constant discussions in the United Nations and the Human Rights Council on the major points which States and civil society actors wished to defend in protecting and promoting human rights. These were responsibilities of all. Much was expected of the High Commissioner, and she could also rely on the Council as well.
ELCHIN AMIRBAYOV (Azerbaijan) said that universality, interdependence, indivisibility and interrelatedness were core principles while dealing with human rights. A selective approach with regard to human rights should be avoided. No preference should be given to certain fields of human rights in all international fora including this Council. Azerbaijan invited the Office of the High Commissioner for Human Rights to continue its efforts to further promote the equal treatment of all human rights and fundamental freedoms for all. The alarming level of domestic violation which encompassed all regions regardless of economic development, ethnic and religious identity should be addressed. The international community was also gravely concerned by the number of cases of violations against women during armed conflicts, in particular sexual abuse and rape. The newly established Universal Periodic Review mechanism had revealed the relevance of this challenge and many concerned countries had stressed their commitment to eradicate all forms of discrimination and violation against women.
It was also regrettable that discrimination on the grounds of religion, especially Islamophobia and anti-Semitism, were on the rise in many parts of the world. Such appalling trends threatened daily life of millions of faithful and required effective measures to better protect right-holders. In this regard, Azerbaijan commended the Office of the High Commissioner for the seminar organized last year and looked forward to its follow-up with the full involvement of all regions and broader possible participation of all stakeholders including civil society.
ARCANJO MARIA DO NASCIMENTO (Angola) said that Angola endorsed the statements made by Egypt and Cuba on behalf of the African Group and the Non-Aligned Movement. Angola appreciated the annual report and its introduction made by the High Commissioner for Human Rights, Navi Pillay. Angola emphasized the important role the Office played during the exercise of the Universal Periodic Review mechanism. The Universal Periodic Review was an important tool to deal with the challenges faced by countries in the field of human rights. Angola welcomed the efforts undertaken by the High Commissioner during the preparatory process of the Durban Review Conference and, in particular, its contribution in order to assist the intergovernmental negotiations towards a successful outcome.
The issues related to racism, racial discrimination, xenophobia and related forms of intolerance deserved urgent attention as they affected millions around the world and in particular, minority groups, victims of multiple forms of discrimination. Angola hoped that the Office would continue to mobilize worldwide support and stimulate further the necessary political will to tackle this issue during the forthcoming review conference. Angola also welcomed the remarks concerning the right to development. Promoting this right implied the need to formally recognize the validity and indivisibility of all human rights.
MARIA NAZANETH (Brazil) said this was an important opportunity for the Human Rights Council to engage in a fruitful dialogue with the High Commissioner on the activities of the Office of the High Commissioner for Human Rights, as well as the main issues of concern. The Universal Periodic Review had proved to enable all countries, on equal grounds, in a balanced and constructive manner, to exchange views and evaluate achievements and shortcomings in the protection and promotion of all human rights. Of course, it was not the answer to everything, but it had proven to be a very effective exercise. It had led to the reinforcing of the level of cooperation between States, the Human Rights Council, and United Nations human rights mechanisms.
The priorities set by the High Commissioner on issues such as racial discrimination, discrimination against women and girls, indigenous peoples, combating impunity and prevention of genocide, transitional justice, freedom of expression and incitement of hatred, among others, were also welcome. Brazil was deeply committed to the fight against any kind of racial discrimination and intolerance, and believed that in the run up to the Durban Review Conference, all should engage in a frank, transparent, unconditional and constructive exercise. Brazil was ready to contribute to the debate so that a focused, balanced, and universal outcome document was achieved.
ERLINDA F. BASILIO (Philippines) said that the Philippines continued viewing the Office of the High Commissioner for Human Rights as a partner of the Human Rights Council and all UN Member States in the common cause of promoting and protecting all human rights. In this regard, there was a clear synergy and connection between the work of the Council and the Office of the High Commissioner for Human Rights. The two should complement each other and work together closely, in dialogue and cooperation based on mutual respect and trust. It was their joint endeavour to build a more favourable international environment conducive for the effective promotion and protection of human rights at all relevant levels. The Philippines therefore welcomed the efforts of the High Commissioner to hold periodic meetings with all regional groups and encouraged sustained dialogue and cooperation.
At the same time the Philippines noted room for further improvement in ensuring equitable geographic representation in the Secretariat at the management levels. In this regard, the Philippines noted that it had only one non-regular staff in the Office of the High Commissioner of Human Rights. However, the Philippines was listed among countries which were categorized as overrepresented. The Philippines supported the High Commissioner’s effort to forward the successful convening of the Durban Review Conference. The Philippines also appreciated the High Commissioner’s advocacy for the rights of migrants and ratification of the Migrant Workers Convention.
KHALID JASSIM ALTHANI (Qatar) welcomed and thanked High Commissioner for Human Rights Navi Pillay for her report, and also thanked and appreciated the efforts of the Office of the High Commissioner for Human Rights in its work to promote and protect human rights. With regard to the report (A/HRC/10/48), on the rights of persons living with disabilities, the Government of Qatar had decided to ratify the Convention on the Rights of Persons with Disabilities in May 2008. With regard to the report (A/HRC/10/26) on international cooperation, the Government of Qatar was of the view that participation in international capacity building was important. In December 2008 the Government of Qatar signed an agreement with the Office of the High Commissioner for Human Rights to open a documentation centre for the purpose of training and capacity building on human rights in the region. The centre was expected to begin its activities in 2009, and Qatar hoped that High Commissioner would be present at its opening. The National Human Rights Commission of Qatar had the capacity to inform about human rights treaties, promoting a human rights culture and since its establishment it had contributed to the promotion of human rights in Qatar. The human rights situations had been significantly improved.
JURG LAUBER (Switzerland) said the substantive contribution and constant support of the Office of the High Commissioner for Human Rights was essential to the smooth working of the Council, and it was important that this be on a regular and transparent basis. The independence of the Office of the High Commissioner should be maintained. Switzerland gave great importance to the operational activities of the Office, and welcomed the recent memoranda of understanding with Guatemala and Panama, and the agreement with Qatar. It was a priority for Switzerland to contribute to the ending of discrimination against women, and it was timely to plan for the creation, within the heart of the United Nations system, of a mechanism against laws and practices discriminating against women. A special mechanism, in close relationship with the Committee on the Elimination of Discrimination against Women, would allow better and more focused concentration on measures against discrimination, whether de jure, de facto, or indirect.
Combating impunity was essential for the realisation of human rights. Coming out of a conflict and building a durable peace required great efforts. Transitional justice, for example, had demonstrated over the past years its value in giving justice to victims and providing for reparation. Switzerland was committed to this, and was awaiting with great interest the analytic report on human rights and transitional justice from the office.
MICHEAL TIERNEY (Ireland) said that Ireland regarded the Office of the High Commissioner as crucial to the functioning of the United Nations. Ireland believed it was imperative that the Office was properly resourced and Ireland was proud to currently be the first per capita financial contributor to the Office. Ireland recognized that the work of the High Commissioner often took place in difficult and demanding situations and believed that in order for it to be fully effective, the Office must operate free from political or partisan interference. As such, Ireland placed tremendous importance on the independence of the Office and firmly believed that this independence was a sine qua non for the success of the High Commissioner‘s mission. All of Ireland’s efforts were directed towards working for concrete improvements on the ground in human rights situations.
Ireland was concerned by the extremely grave human rights and humanitarian situation in Zimbabwe which had led to the death of over 3,300 people since last summer and would like to ask what more could be done by the international community to support the Office in promoting human rights and in restoring stability to the country. Ireland welcomed the attention the High Commissioner and her colleagues within the United Nations system gave to the conflict in Sri Lanka and regretted past refusals by the Government of Sri Lanka to allow the Office of the High Commissioner for Human Rights to establish a standing presence there. Ireland appreciated the important contribution that the Office was making to the Universal Periodic Review process. Ireland noted the important synergies between the Universal Periodic Review process and all other activities of her Office, including the treaty body mechanisms.
NAVI PILLAY, United Nations High Commissioner for Human Rights, responding to questions raised during the interactive debate, said that she was grateful for the kind remarks. She had paid close attention to the many views and recommendations made, and would give serious thought to them all. She said she would respond to questions related to the Council, Special Procedures, the Universal Periodic Review, treaty bodies and if time permitted, she would address the questions on staff.
On the Durban Review Conference, she said she was very committed to the successful conclusion of the Durban Review Conference as well as an extensive follow-up.
Regarding the Universal Periodic Review, she expressed that on many occasions she dwelled on the Universal Periodic Review, and shared the many comments made by delegations in considering the Universal Periodic Review as a considerate step forward to deal with country issues in an in-depth manner. Ms. Pillay stressed that the rules and practices applied in the Universal Periodic Review for the first country reviewed should remain the same for the last one in 2011. Further, it would be extremely worthy to strengthen the links between the treaty bodies and Special Rapporteurs. She reassured the Member States that their views were already included in the document prepared by her Office. With regard to the questions on the compilation of the information prepared by the Office, she said that the internal procedures ensured that all Member States were examined and reviewed in the same way, and that the treaty bodies welcomed the fact that the Universal Periodic Review compilation report was based on recommendations. On the follow-up to the Universal Periodic Review recommendations, it was important that those recommendations influenced the field missions’ work.
A concern was raised on the untimely availability of documents to the Council, and Ms. Pillay said she appreciated the burden that was placed on delegations in this regard. There was an internal tracking system put in place which allowed the Office’s internal documentation system to identify pending deadlines. With the Council meeting frequently throughout the year, the Office of the High Commissioner for Human Rights was at times preparing documentation in very short time frames. The Office also desired to ensure the latest information was included in the submission of reports. She reassured the Council that their concern in this regard had been taken into account by the Office, and that the measures needed to address this remained high on her priority list.
The Office of the High Commissioner for Human Rights organized for the first time in 2008 two connective information sessions for new mandate holders. The mandate holders also organized an internal advisory meeting to take up any issues that arose, in particular with regard to good conduct. The key criteria for a continued positive relationship with the Council, and in particular in relation to the status of the Council, it was necessary that the independence of the Office, mentioned by many Member States, should be reaffirmed, underscored Ms. Pillay. Furthermore, there should be genuine cooperation with the Office and the Council.
On questions relating to clarity as to what the Office was doing, and how it intended to do it, Ms. Pillay said that she would increase the opportunity to discuss this with each permanent mission in Geneva, time permitting. With regard to questions on the Strategic Framework and Strategic Plan documents, she said those two documents should not be confused, though she recognized that the names proved to be confusing, however, and unfortunately it was too late to rename those documents.
The Office of the High Commissioner for Human Rights did its best to support the nine existing treaty bodies, including the new Committee on the Rights of Persons with Disabilities. Each one met two to three times per year, and the tendency was moving towards increasing the number of sessions. Existing resources needed to be increased in order to adequately address the needs of those changes, said Ms. Pillay. Whenever in Geneva, she made it a priority to meet with the treaty bodies, and reiterated her commitment to support them fully. They carried out their functions in accordance with relevant international instruments at a high level of comprehension. The Office of the High Commissioner for Human Rights in its support of the treaty bodies received communications, however, the treaty bodies were independent mechanisms, and as such, they decided what information would be admissible and which would not.
On questions about the geographical imbalance in her staff, as stated at the outset, having looked at the matter, she shared this concern. Ms. Pillay gave figures pertaining to the geographical diversity in the Office of the High Commissioner for Human Rights, where 52.5 per cent of the staff externally recruited were from regions requiring improvement. The figures illustrated positive trends in this regard and for future years, the High Commissioner hoped this upward trend would continue. In cooperation with Human Resources management, the Office of the High Commissioner for Human Rights in accordance with the General Assembly resolution in March 2007 on measures to balance the geographical imbalance in the Office, had complied with those recommendations. Measures had been taken to improve recruitment at the entry level. Statistics did not reflect the true diversity of the staff in the Office nor did they illustrate the pluralism of the staff. The issue of geographical imbalance would be addressed with caution and due regard, the Office was fortunate to have an extremely hard working staff. Looking at the deliberations of the Universal Periodic Review process, which lasted till very late at night, and of which the completed draft report was available the following day, Ms. Pillay said therefore she wanted to respect the human rights of her staff.
HECTOR RAUL PELAEZ (Argentina) said there were very valuable proposals in the report, concerning the work of the Office of the High Commissioner for Human Rights and that of the Council and its main mechanisms. By strengthening links with the treaty body system and Special Procedures, the Universal Periodic Review could be more effective. New ways of dealing with human rights situations between sessions in innovative formats should be sought, and it would be useful to have more clarity about the content and scope of proposals on this topic. The work of the Office on combating discrimination was appreciated - Argentina believed that efforts should be united to combat discrimination in all its forms without exception.
Argentina had supported the preparatory process for the Durban Review Conference since the beginning, as the Durban Declaration and Plan of Action were followed by important follow-up at the national level. Argentina would continue to work actively and constructively in the process with the view of producing a consensus text. Combating impunity and guaranteeing the right to truth and the right to justice were very important, as was the work the Office was doing in this regard. Among the related work being done in Argentina, the speaker highlighted what was being done in forensic genetics as related to human rights violations and guaranteeing the right to truth, and said it was important to provide guidelines in this regard, particularly as it was linked to human rights.
IDRISS JAZAIRY (Algeria) said that Algeria attached great importance to the independence and impartiality of treaty bodies. It appreciated the continuous support that the High Commissioner gave to harmonizing and improving their methods of work. Algeria also welcomed the personal engagement of the High Commissioner in the preparatory process for the Durban Review Conference. Algeria considered it important that the treaty bodies only based themselves on credible information rather than politically motivated reports. The Special Rapporteurs needed to ensure strict compliance with their mandate, conforming to the Code of Conduct. Algeria regretted that a recently elected Rapporteur had publicly contested the mandate that had been given to him by the Council.
Further, Algeria regretted the absence of reference in the High Commissioner’s statement to the alarming human rights situation in the Occupied Arab Territories, in particular Gaza and the Syrian Golan. Therefore, Algeria attached great importance to the outcome of the fact-finding commission that the Council had asked to be sent to the region. Finally, Algeria supported firmly the call of the High Commissioner for the universal ratification of the International Covenant on the Protection of the Rights of Migrant Workers which had become even more urgent in the context of the economic and financial crisis.
For use of the information media; not an official record
HRC09019E