HUMAN RIGHTS COUNCIL HOLDS GENERAL SEGMENT, HEARS STATEMENTS FROM STATES AND OTHERS ON THE PROMOTION AND PROTECTION OF HUMAN RIGHTS

The Human Rights Council this afternoon held its general segment, hearing statements from national delegations, United Nations and other international organizations and members of civil society on the promotion and protection of human rights.

Many speakers welcomed the progress achieved by the Council since its creation nearly three years ago. The Universal Periodic Review mechanism and the first cycle of reviews were an encouraging sign that the United Nations human rights system had managed to create an impartial review mechanism to assess the human rights situation in all countries of the world in a cooperative and non-confrontational manner. Several States emphasized the need for a meaningful implementation of human rights, especially in times when several crises – the food crisis, the energy crisis and the financial crisis – were threatening the most basic human rights of all countries, especially developing countries, making it more difficult for them to achieve the Millennium Development Goals. States reaffirmed their commitment to combating all forms of discrimination and welcomed the potential for a positive outcome of the upcoming Durban Review Conference in April.

Other issues raised by speakers included the phenomenon of defamation of religions; Special Sessions and how their outcome should be followed up; the right to self-determination; the need to provide the Office of the High Commissioner for Human Rights with the necessary resources; and the Council’s failure to address some of the most egregious human rights in the world.

The following country delegations addressed the Council: Pakistan on behalf of the Organization of the Islamic Conference, India, China, Mauritius, Mexico, Qatar, Pakistan in its national capacity, Japan, Philippines, Malaysia, Senegal, Slovenia, Azerbaijan, Bangladesh, Moldova, Thailand, Venezuela, Oman, United Arab Emirates, Turkey, United States, Croatia, Iceland, Israel and the Former Yugoslav Republic of Macedonia.

Also speaking were representatives of the Organisation International de la Francophonie, European Commission, Organization of the Islamic Conference, UNAIDS, African Union, United Nations High Commissioner for Refugees and Sovereign Military Order of Malta. The International Coordinating Committee of National Human Rights Institutions and four representatives of civil society also took the floor.

At the beginning of the meeting, Sri Lanka and Iran exercised their right of reply and the Council thus concluded its High-Level Segment.

The Human Rights Council is scheduled to conclude its general segment at 10 a.m. on Thursday, 5 March after hearing delegations that wished to exercise their right of reply. It will then hear High Commissioner for Human Rights Navi Pillay present her annual report, which will be followed by an interactive dialogue.

Right of Reply

RAJIVA WIJESINHO (Sri Lanka), speaking in a right to reply, thanked the Minister of the United Kingdom for his condolences for the attack on their cricket team in Lahore. Sri Lanka also condoled with them, and in particular with the families of the servicemen who had died in protecting their sportsmen. Those here must never forget the sacrifice of servicemen fighting against terror, even as they regretted its impact on civilians. Their cricketers had “escaped” that attack – and that word was used advisedly, not as had been done by the United Kingdom in suggesting that certain countries, including perhaps Sri Lanka, had escaped Council attention and that that must be examined. The Council was not a terrorist organization; it did not target its members who then fortuitously escaped. The Council was about principles and issues, not personal or political predilections. It was also about human rights. Sri Lanka and all present should appreciate the need to improve the human rights situation in all their countries. The High Commissioner had stressed the importance of social and economic rights too, while the Council had focused on the right to development. Complacency on the part of anyone was misplaced.

The ongoing military situation in Sri Lanka had increased the need for humanitarian assistance, but Sri Lanka regretted the United Kingdom’s assumption that that had adversely affected human rights. On the contrary, the country was close to eliminating one of the most effective terrorist organizations in the world, and that should be encouraged and not be stymied by those who believed in human rights and in basic human decency. Sri Lanka was also sorry that the United Kingdom also confused the issue by talking about civilians helpless before human rights violations and violations of humanitarian law. Fortunately they had been able to correct another misapprehension on their part – that the Sri Lankan forces used child soldiers. That was the preserve of terrorists. The Government was working to improve the situation, despite the corrosive effects of the conflict, from which Sri Lanka hoped to escape very soon.

ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a right to reply with regard to the statement made by the United Kingdom, said that there were serious violations of human rights occurring the United Kingdom and it had one of the worst human rights records in Europe. Various United Nations human rights treaty bodies and Special Procedures had already expressed concern on a series of human rights violations in the United Kingdom, including increasing racial prejudice against ethnic minorities, asylum-seekers and migrants and high incidence of death in captivity of members of racial minority groups, limited application of the Convention against Torture to the actions of armed forces abroad and religious inequalities in the labour market.

With that in mind, and considering the long and unqualified support of the United Kingdom for the Israeli regime, despite all atrocities committed in Palestine during the past 60 years and the new recent aggressions against the Palestinian civilians in the Gaza Strip, the United Kingdom could not be in a position to judge arrogantly human rights situations in other countries. Iran enjoyed a long and rich history, culture and civilization, inspired by the teachings and principles of Islam and in accordance with its Constitution. Iran was fully aware of and committed to its obligations and responsibilities in the field of human rights and made every effort to further promote and protect human rights and fundamental freedoms at the national and international levels. Therefore, the United Kingdom, instead of taking a politicized and double-standards approach towards human rights issues in the Council, should have a look at home and address the deteriorating human rights situation in their own country.

General Segment

ZAMIR AKRAM (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said that in recent years the phenomenon of defamation of religions had manifested itself in sacrilegious documentaries, hate speeches and art exhibitions with an agenda to intentionally distort historical facts and denigrate venerated personalities and objects. Islam in particular had been targeted, leading to Islamophobia and incitement to violence against Muslims. The Organization of the Islamic Conference welcomed all the moderate voices that condemned those acts. However, unified action by the international community, and especially by this Council, would need to be taken to effectively address that phenomenon. The followers of all faiths had to be respected equally.

The Organization of the Islamic Conference condemned Israel’s frequent attacks in the Palestinian territories, which had resulted in massive violations of the rights of the Palestinian people. The Council in its ninth session had called for a fact-finding mission and requested the High Commissioner and other Special Procedures to report on illegal Israeli actions against the Palestinian people. The Islamic Conference looked forward to those reports and hoped the Council would consider them in an impartial and non-politicized manner. It also hoped that Council members would support the Organization of the Islamic Conference’s traditional resolutions on Occupied Palestine and the Syrian Golan at this session.

ACHAMKULANGARE GOPINATHAN (India) said that the Council’s strength lay in its emphasis on dialogue, cooperation, transparency and non-selectivity in the promotion and protection of human rights and fundamental freedoms for all. The enthusiastic participation by Member States in the Universal Periodic Review process last month underscored the success of that innovative mechanism, providing a platform for sharing of national experiences and best practices. Moreover, the holding of special sessions on thematic issues over the past year attested to the wide-ranging debate being conducted in the Council. India reiterated its firm commitment to continue to engage constructively with all Member States.

India emphasized the urgent need to rationalize and prioritize the Council’s work to make the most efficient use of its limited resources. Serious thought should be given to putting a cap on the number of weeks that the Council should meet without undermining in any way either the Council’s commitment to human rights, or its ability to respond to other areas of its work that demanded its attention, energy and resources. The Council must also play a central role in denouncing terrorism, which posed the biggest threat to the Council’s common efforts towards peace, security and development, and undermined the very foundation of freedom and democracy. As States strove to align their measures against the alleged perpetrators of terrorism with full respect for their human rights obligations, new challenges were posed to them constantly.

LI SAODONG (China) observed that, three years into its existence, the Council was more or less on the right track, and was running smoothly. At present, multiple crises – including the food crisis, the energy crisis and the financial crisis – were threatening the most basic human rights of all countries, especially developing countries, making it more difficult for them to achieve the Millennium Development Goals. Ordinary people were suffering in wars and from racism and xenophobia. The challenges for the United Nations remained. As such, the Council should fully discharge its mandate by learning from the past and tackling those challenges appropriately.

Perceptions of human rights differed according to national traditions and perceptions. It was important to engage in dialogue and cooperation and strengthen mutual understanding, with the goal of protecting and promoting human rights. Selectivity and double standards hampered the work of the United Nations. This year marked the sixtieth anniversary of the founding of China and since then it had grown from subsistence to relative prosperity. China had been the first country to meet the poverty reduction targets of the Millennium Development Goals. At present, in accordance with the Constitutional principle that the State should guarantee human rights, the Government was implementing a programme of sustainable and comprehensive development, aiming to create a society that was democratic, equal, and just. The Government had also adopted a series of programmes to promote steady economic growth in order to counteract the effects of the financial crisis. China would implement the recommendations of the Council, and would work to ensure the enjoyment of all Chinese people of their human rights.

SHREE BABOO CHEKITAN SERVANSING (Mauritius) said that, since its creation, the Council has held 10 Special Sessions to address urgent and emerging situations of violation of human rights. That was an impressive record and reflected the high credentials of the Council. Mauritius had the firm belief that the purpose of Special Sessions should not be limited to sensitizing world opinion on specific human rights issues. More importantly, the outcome of those Special Sessions should be geared towards addressing the issues that had prompted the convening of those sessions with necessary follow-up action. The Council should also engage all parties involved in addressing and preventing massive human rights violations and humanitarian crises. Prevention of human rights abuses was indeed an area they should consider as a priority.

Mauritius aimed at upholding the highest standards in the promotion and protection of human rights. The Government was fully committed to ensuring that the citizens of Mauritius were afforded freedom, equality, dignity and social justice and allowed to exercise effectively their civil, political, economic, social and cultural rights. Mauritius strongly believed in the bottom-up approach advocated by former United Nations High Commissioner for Human Rights, Mrs. Mary Robinson, and all its policies were based on one principle of “putting people first”. Mauritius believed that its people should know about their rights so that they were in a better position to seek redress in case of any breach.

LUIS ALFONSO DE ALBA (Mexico) said that Mexico had recently had the opportunity to be reviewed under the Universal Periodic Review mechanism. It took that commitment very seriously, and was of the view that openness and cooperation were the best ways to deal with tackling human rights issues. The recommendations would help make progress on justice, women’s rights, the fight against poverty, and access to education and health, to mention a few.

Mexico recognized the need to strengthen the mechanisms of the Council. The Human Rights Council was faced with tackling a broad range of topics and human rights issues, whatever the country and whatever the situation, using the tools available to it, to engage in an inclusive and objective discussion. Mexico reiterated its commitment to combat all forms of discrimination, and welcomed the potential for a positive outcome as a result of the upcoming Durban Review Conference in April. Mexico underscored the need for all Council members to engage in open dialogue and with the spirit of cooperation which was goal-oriented, and to go beyond looking at national or regional solutions. All Member States were collectively responsible to use the resources available to them in the Council to effectively respond to issues facing the Council in a mutually respectful and cooperative manner.

ABDULLA FALAH AL-DOSARI (Qatar) observed that the Council was now entering a new stage. Now that it had finished its institution building, it had three years to show how effective it could be with regard to the protection and promotion of human rights. This session was being held at a time when the sixtieth anniversary of the Universal Declaration of Human Rights had just been held. The Declaration was the basis for combating human rights violations and inequality. The Council had a duty to support justice and eliminate inequalities, including in the Occupied Palestinian Territory and Gaza Strip, where the use of prohibited weapons had caused the deaths of many civilians including women and children. The international community had to deal with these human rights issues, or many would wonder about the good faith of the Human Rights Council to attack all human rights violations that had become intolerable. The Council could not continue to pursue its policy of neutrality, and needed to find the resources to protect Palestinian civilians so that an independent Palestinian State could finally be created and Israel would withdraw from the Occupied Territories.

Qatar, with its Constitution based on international human rights instruments and on tolerant Islamic Sharia law, had been adopting laws to protect human rights and fundamental freedoms and to create a culture of human rights in the country. It had also created its own human rights institutions. With regard to the Durban Review Conference, that would evaluate the current mechanisms that were combating racism. Qatar, from its very birth, had sought to promote human rights, and was willing to contribute to the success of the Conference, as it was vital in the interest of all countries to promote human rights, opening a new dialogue among civilizations. Defamation of religions was serious, as were attacks against Muslims. Islam was a tolerant religion, and that was why Qatar urged respect for religion.

ZAMIR AKRAM (Pakistan), speaking in its national capacity, said that Pakistan was fully committed to achieving the highest standards of human rights including social, economic and political justice, freedom of thought, expression, belief, faith, worship and association. Pakistan was in the final stages of establishing an independent human rights commission. The Parliament was currently considering new legislation for the further protection of women and children. The Prime Minister has announced a revision of all legal administrative structures to ensure protection minorities and other vulnerable sections of society. Last year, Pakistan had ratified the International Covenant on Economic, Social and Cultural Rights and had signed the International Covenant on Civil and Political Rights and the Convention Against Torture.

It was their common responsibility to develop an international environment that discouraged human rights violations and that strengthened protection mechanisms. The right of self-determination was the bedrock for realization of all other fundamental rights. It had to be protected and promoted. The Council must not detract from its responsibility to closely monitor and ensure respect for the human rights in all occupied territories, including Indian occupied Jammu and Kashmir. Pakistan was committed to a peaceful resolution of all outstanding issues with India including the issue of Jammu and Kashmir in keeping with relevant United Nations resolutions.

SHINICHI KITAJIMA (Japan) said that, since the end of the Second World War, the idea of “peace and happiness through economic prosperity and democracy” had been the backbone of Japan’s diplomacy. Although economic prosperity was confronted with challenges everywhere, Japan was determined to support efforts made by those countries aspiring to liberty, a market economy and respect for human rights. Also, for the further promotion of all human rights, it was effective to take an approach based on “human security”, which promoted people’s living in freedom through the protection and empowerment of both individuals and communities.

Japan appreciated the active role played by the Special Rapporteur on the situation of human rights in the Democratic People’s Republic of Korea, Professor Muntarbhorn. Although he was facing difficulties, as the Democratic People’s Republic of Korea had never permitted entry nor participated in constructive dialogue, he continued to work sincerely and faithfully in order to fulfil his mandate. The Special Rapporteur met with families of the victims of abduction in several countries, including Japan, and understood the deep scar and shock which that issue had left on the families and the countries concerned. The human rights situation of the Democratic People’s Republic of Korea, including the abduction issue, remained grave. Japan believed that, in order to improve this situation, it was essential to renew the Rapporteur’s mandate and allow the Rapporteur to finish his valued work to date for the achievement of better outcomes.

ERLINDA F. BASILIO (Philippines) said the Human Rights Council was the prime body in the United Nations system responsible for ensuring respect for human rights and human dignity. The Council should continue to pursue its mandate based on the principles of genuine international dialogue and cooperation, cognisant that an enabling international environment was conducive to the realisation of all human rights in all parts of the world. Adequate resources should be devoted to the Universal Periodic Review, an important mechanism of the Council which promoted national capacity-building for human rights. In this critical time, when all countries were caught in the grip of an unprecedented global financial and economic crisis, human rights and the situation of the most vulnerable groups could not be overlooked. A human rights-based approach should be applied in the formulation of measures to address the negative impact of the crisis.

Commitment to international development, including through fulfilment of the Millennium Development Goals and targets for development assistance, had to be strengthened as a response to the human rights challenges brought about by the global financial and economic crisis. In the context of the current economic crisis, the situation of migrants and their families was of great concern. Another global issue of great importance was climate change, the devastating effects of which were apparent in all parts of the world. Those adversely affected the enjoyment of human rights. All stakeholders should step-up the fight and enhance international cooperation in the fight to combat human trafficking, with special attention to the needs and human rights of victims.

OTHMAN HASHIM (Malaysia) said that the international community had made tremendous strides in trying to forge consensus on human rights. Finding consensus on common core values had not been an easy task, as it was subjected to different priorities and interpretation both between and within Member States. The realities and challenges of their times as well as their diversity, different civilizations, cultures and levels of development had made all their efforts to promote and protect human rights even more significant. Malaysia was encouraged to note that the Human Rights Council, since its inception, had strived hard to contribute to the effort of implementing its human rights agenda in a non-selective, impartial and universal manner.

Malaysia said that the international community had to continue to be vigilant of major crises and egregious human rights violations taking place around the world, some of which had been addressed by the Special Sessions of the Council. Perhaps it was timely to seriously address the means of how some of the decisions adopted at the Special Session could contribute truly to the protection and promotion of human rights. That included the decisions of the four previous Special Sessions of the Council in the Occupied Palestinian Territories. Malaysia joined all those who had called the Council to remain committed in ensuring respect for human rights in the Occupied Palestinian Territories.

BACARAR CARLOS MBAYE (Senegal) observed that the Council was the most appropriate instrument for the promotion and protection of universal human rights. However, if it was to live up to expectations, its resources had to be extended. The Office of the High Commissioner for Human Rights had to have its financial resources strengthened because of the number of important activities it had been entrusted to fulfil, in particular, the upcoming Durban Review Conference. Furthermore, the Review Conference received the submission of a frenzy of proposals which further illustrated its vital importance.

At the national level in Senegal a number of human rights initiatives were well under way, including the recent Sesame Plan, which made it possible for free medical care and some free medicines to be provided for the elderly; a national observatory for women’s rights; an agricultural office, established to achieve food sufficiency in the country; and a new mechanism to prevent torture. Those were all part of the dynamic process the Government wished to continue. Africa had for some time opted for the participation in the promotion of human rights, and as such, many countries had established numerous legislative measures to tackle human rights challenges, not to mention the recent establishment of the African Court of Justice and Human Rights in 2008.

ANDREJ LOGAR (Slovenia) said the Human Rights Council played a key role in achieving the goal of promoting the universality and indispensability of all human rights for all. After its first three years of operation, the Council was well on track to become the most important body for the protection and promotion of human rights. There was simply no long-term security and sustainable development without full respect for human rights. The United Nations had recently made important steps forward towards the fulfilment of that goal, and the Universal Periodic Review was a key step forward, being an excellent complementary mechanism to the existing United Nations mechanisms, and it should not and must not become their replacement.

A key benchmark of the success of the Council was the swiftness and efficiency in addressing grave human rights violations when and where they occurred. This Human Rights Council session should address all issues of concern – all country-specific mandates should be renewed and new ones established where there was a need. The United Nations had recently resumed the discussion on the responsibility to protect. The human rights aspect was an important element in the operationalization and implementation of that responsibility. All existing human rights mechanisms, including the Council, should play a more prominent role in that process. Full respect for international human rights and humanitarian law included the request for accountability: all actors, Governmental and non-governmental, should abide by international norms and standards and be brought to justice when they violated them.

MAMMAD TALIBOV (Azerbaijan) said that obviously there was still a lot to be done, but the atmosphere that had prevailed in the Council’s deliberations since its establishment three years ago gave them all solid hope to look into the future with optimism. Last year had been marked by the commencement of work of the Universal Periodic Review mechanism. Considerable work had been done and 64 countries, including Azerbaijan, had already been reviewed during the first four sessions of the Working Group on Universal Periodic Review. It was encouraging that the United Nations human rights system managed, for the first time, to create a mechanism for reviewing, questioning and assessing the human rights situation in all countries of the world in a cooperative and non-confrontational manner.

Azerbaijan was fully committed to the universality, interdependence, indivisibility and interrelatedness of all human rights. They should avoid engaging in setting up a hierarchy among human rights. Rights of vulnerable groups such as women, children, refugees and internally displaced persons should be always on the radar of the international community to fulfil the noble goal of ensuring human rights for all. Adhering to that understanding, and as a traditional co-sponsor of the resolution on missing persons, Azerbaijan noted with great satisfaction the continued attention given by the Council to that important issue. The core idea behind the initiative was to emphasize that human rights should be protected in all circumstances.

MUSTAFIZUR RAHMAN (Bangladesh) said that, with the stream-lining of human rights procedures and mechanisms, innovative conduct of special sessions and the introduction of the Universal Periodic Review, the Human Rights Council was now equipped with instruments necessary to deal with global human rights issues. Bangladesh welcomed any initiative to reach out with the aim of building consensus. It should not mean imposition of ideas, beliefs and convictions of one society on others. The Council had to support economic and social rights as much as it did civil and political ones. As the Council cared for civil liberty questions such as the prevention of torture or overcrowding in detention centres, it should also be equally concerned about the existence of poverty, hunger, deprivation and underdevelopment.

Poverty resulted in the lack of economic empowerment and deprived many of their ability to exercise their civil, political, social and cultural rights. The debates that took place in the Council on human rights and poverty tended to deliberate more on the discrimination aspect – the civil rights of the poor – rather than on the root cause of poverty. However, the reduction or eradication of poverty had a tremendous impact on the enjoyment of a whole range of human rights. Had equality of treatment existed, many would not have referred to this issue. Certainly, human rights situations should be treated on their merits, not political convenience. Those who espoused the idea should themselves set examples taking positions outside their respective blocks. The Member States of the Council had to practice before they preached.

TATIANA LAPUCUS (Moldova) said today, despite huge endeavours, many were still denied fundamental rights and liberties. In those endeavours, it was fundamental to promote solidarity and concrete actions while bearing in mind that global problems demanded global solutions, and going it alone was not a viable option. Moldova attached crucial priority to human rights policy, in particular in the process of its gradual European integration policy, and in the implementation process of comprehensive national legislation. The situation of human rights in the Transnistrian region of Moldova was not satisfactory, however, and it was hoped the conflict would be settled by democratic methods.

Recently, the implementation of the National Human Rights Action Plan for 2004-2008 was finalized and a new document would be developed by the Government in partnership with the United Nations country team and civil society. The Government of Moldova was committed to continue the cooperation with regional and international human rights structures. Moldova was firmly committed to the implementation of its obligations while adhering to various international human rights conventions and contributing to the improvement of the United Nations human rights system. Moldova was confident that the work of the Human Rights Council during this session would contribute to further reinforcement of common actions for the protection of human rights around the world.

SIHASAK PHUANGKETKEOW (Thailand) said that this tenth session of the Council was meeting against the backdrop of a global economic and financial crisis. The impact of that crisis went far beyond the economic and financial sectors alone, with a far-reaching effect on the lives of millions of people worldwide. Of particular concern was the fact that the global financial crisis, with its potential to give rise to social tensions and unrest, threatened to undermine emerging and fragile democracies and thereby impede the advancement of human rights around the world, for human rights and democracy were inseparable and were two sides of the same coin. Human rights could only prosper when there were strong democratic institutions in place.

The cause of human rights lay at the very heart of Thailand’s democratic development. Despite many pressing challenges, the present Thai Government was determined to press ahead with reforms for the promotion and protection of human rights. Thailand was seeking to strengthen its democratic institutions and the rule of law. Since last year, several new significant pieces of legislation had been adopted towards that end. Cases involving alleged human rights violations were being resolutely investigated in accordance with due process. Thailand was also considering the possibility of signing the few remaining international human rights instruments to which it was not yet a party, particularly the Convention on the Protection of All Persons from Enforced Disappearance.

GERMAN MUNDARAIN HERNANDEZ (Venezuela) said that in this forum and other international fora, the devastating effects of the recent economic and financial crises were felt in terms of grave violations of human rights. Economic crises were particularly cruel, as they resulted in the resurfacing of grave violations of human rights, and in particular saw an increase in practices of racism and discrimination. The Government of Venezuela attached great importance to combating all forms of racial discrimination. Answers were needed for the current and past financial crises. Venezuela had a dream: a dream in which all States made the necessary efforts during the upcoming Durban Review Conference to make progress for the victims of those scourges.

MOHAMED AHMED AL SHANFARI (Oman) noted that the world, just a few months ago, had celebrated the sixtieth anniversary of the Universal Declaration of Human Rights, the keystone of all the international community's efforts to promote and protect human rights, a duty which was the responsibility of all countries. International bodies and institutions that dealt with human rights should work together in order to embody the principles that should be respected by all in keeping with their beliefs, norms and cultures.

Oman, since the renaissance that its society had gone through, had always worked to protect and promote human rights so as to ensure a life in dignity for all those in Oman. Oman had recently joined the Convention on the Rights of Persons with Disabilities, and had opened a National Human Rights Commission. Oman was committed to total cooperation with the Council, and hoped that the session would achieve the goals to which all aspired.

SALEM SAEED AL ZAABI (United Arab Emirates) said that since the creation of the United Arab Emirates, human dignity had been its main concern. It had acceded to many international conventions and would continue doing so. The United Arab Emirates had achieved considerable progress in a short amount of time, for example an association for human rights had been set up in order to raise awareness on human rights issues, among other measures undertaken in that field. The United Arab Emirates was working together with the International Organization for Migration in order to combat human trafficking. The United Arab Emirates had taken part in setting up the mechanisms of the Human Rights Council, including the Universal Periodic Review.

The occupied Palestinian territories had witnessed a new Israeli aggression at the beginning of this year which left more than 1,000 martyrs, including innocent civilians, women and children. This aggression had left Gaza destroyed and it needed to be reconstructed. Israel had used weapons against Gaza that were banned by the international community. The international community had to assist the Palestinian people. Partnership and dialogue were all the more important today. The world was facing serious times and had to put hatred behind it and work towards peace. The United Arab Emirates would work together with the Council in order to achieve human rights for all.

AHMET UZUMCU (Turkey) said that no country was immune to human rights challenges. The responsibility to protect and promote human rights lay with each and every State. International cooperation could however facilitate the achievement of this ultimate objective. Turkey regarded the Council as the most appropriate global forum to play such a catalyst role. The Universal Periodic Review was the most significant outcome of the reform process. The concrete result of the Universal Periodic Review process was the implementation of the recommendations made during each review. Among, them, timely submission of reports to the treaty bodies, incorporation of international treaties into national law, and the standing invitation to Special Procedures appeared to be the most widely expressed expectations.

Self criticism, openness to constructive criticism, receptivity and responsiveness, sharing best practices and encouragement helped to ensure a steady improvement of the human rights situation at a global scale. The Council should strive to overcome misperceptions and misunderstandings through a close dialogue and cooperation. Each Member State should empathize with each other, build on commonalities, and uphold and promote universal values. Turkey believed that an enhanced cooperation and interaction between the regional institutions and organizations, and the United Nations human rights mechanisms would be beneficial to the global protection and promotion of human rights.

MARK C. STORELLA (United States) said the challenges of the Council were many, as were those facing human rights advocates around the world. The United States looked forward to joining in this session and others of the Human Rights Council, and pledged to work alongside all those working in good faith to protect and promote the human rights of every person around the world. A common refrain dominated last December's sixtieth anniversary of the Universal Declaration of Human Rights - but much was left to be done - every generation should carry forward the belief that all were equal, all were free, and all deserved a chance to pursue their full measure of happiness.

The United States expected, both of itself and of the Governments in this chamber, a willingness to overcome differences, and unite in a common purpose. The United States remained concerned about the politicisation of human rights, and about the Council's repeated singling out of one country. It was concerned about the Council's failure this far to address some of the most egregious human rights violations in the world today, and about isolated but alarming attempts by some to use Council resolutions to undermine universal human rights, such as the freedom of expression. The Council should be one that courageously called Governments to account and amplified the voices of those oppressed by their Governments - it should not be distracted by politics and debates in other fora. The protection and advancement of human rights was a permanent endeavour.

BRANKO SOCANAC (Croatia) said the Universal Periodic Review improved the reviewing process of the situation of human rights in all the country members of the United Nations by considering all the countries on the same footing. On the other hand, the system showed some deficiencies which should be taken into consideration when it came to the evaluation of the whole process after the four year cycle. If the Universal Periodic Review was to function properly, be effective and credible, then its shortcomings should be overcome. Croatia recognised and was concerned about the severity of the situation of human rights in specific countries. It was crucial that the international community ensure the prevention of human rights violations, and the respect of international humanitarian and human rights law. It should work towards ending impunity, and ensuring compliance with international human rights standards and provisions.

2009 would mark two significant anniversaries - the twentieth anniversary of the adoption of the Convention on the Rights of the Child, and 30 years of the Convention on the Elimination of Discrimination against Women. These would provide special occasions to reflect on the situation of children and women worldwide. The Council had to avoid polarisation and politicisation, and to enable further progress on the basic elements of human rights protection, and Croatia hoped that the session would show further advancement in this direction.

KRISTINN F. ARNASON (Iceland) said that the financial and economic crisis that was shaking the international community was putting the foundations of its respective societies to a test. Iceland viewed the respect for the rule of law and democratic principles as important elements in addressing the effects of the global financial crisis. The implementation of existing human rights commitments remained one of the main human rights challenges today – that was making the goals and principles of human rights instruments a reality for all individuals. Thirty years after the adoption of the Convention on the Elimination of Discrimination against Women, there were many countries in the world that still systematically discriminated against women. Equally, Iceland emphasized the importance of respecting and safeguarding the rights of the child.

The Council should play a central role in addressing women’s and children’s rights, through global advocacy and operational work at both the national and regional levels. Furthermore, discrimination was a human rights violation in itself, be it on the basis of gender, race or religion. Discrimination was also too often at the root of other human rights abuses. Combating discrimination in all its aspects should therefore be a priority for the international community. Iceland valued highly the important work of human rights defenders – their work was essential to maintain and enhance human rights worldwide. In this relation the Government of Iceland expressed its concern to the appropriate authorities regarding the closure of the Human Rights Centre led by the Nobel Peace Prize winner Dr. Shirin Ebadi.

WALID ABU-HAYA (Israel) said that the creation of the Human Rights Council was supposed to be the world’s contribution to the good of humanity. They had sought to create a human rights body that healed the rifts and imperfections of its predecessor. Yet, the Council had grossly and undeniably failed. The Human Rights Council had been used by many to settle old grievances, to align themselves with hate and cast out those that had a genuine desire to realize fundamental rights and freedoms for all, while hiding under the guise of human rights saviors riding to free the oppressed. In fact, many of those countries throwing the first stone were some of the worst human rights offenders this world holds.

Israel had in good faith participated in Human Rights Council sessions. The automatic majority cast its hate on Israel, ignoring thematic issues and extreme human rights abuses that were killing, raping, torturing and starving millions of innocent people only to single out Israel again and again for criticism. Anti-Semitism had many forms, and the resurgence of government supported Anti-Semitism in politics, international affairs and society against Jews and the State of Israel had no place in this word, let alone in the Human Rights Council. Iran’s approach to Israel two days ago in the Council was anti-Semitism in its ugliest form. Iran was known as a source of terror that fostered anti-Semitism in the hopes the world would overlook its flagrant support of terror and applaud its efforts.

GORGI AVRAMCEV (Former Yugoslav Republic of Macedonia) said in December 2008 the world had marked the sixtieth anniversary of the adoption of the Universal Declaration of Human Rights, and had renewed its commitment to respect of the Declaration's principles. It was of the utmost importance to consistently stand for the principles of inclusiveness, non-selectivity, international dialogue and cooperation, aiming at reaching greater effectiveness and efficiency in the work ahead. On 15 March, it would be the third anniversary of the adoption of United Nations General Assembly resolution 60/251, the result of a process which had included great efforts and compromises. Having adopted the resolution, all United Nations Member States had assumed the obligation to apply an approach of equal treatment of all human rights to all.

The global economic crisis was affecting all, but it should not be an excuse for not implementing the Millennium Development Goals, and it should not diminish the responsibility at the national level for the realisation of human rights and fundamental freedoms. In this context, the Human Rights Council would have to pay greater attention to the voice of civil sector, which should serve as a corrective mechanism of the course undertaken by the Council. Despite the pressure of the economic transition and despite certain imposed irrational issues and problems, the Former Yugoslav Republic of Macedonia remained committed to give priority to the implementation of international human rights standards and their execution at the national level. The common goal and obligation was to create conditions for the respect and protection of all human rights, as well as for their further promotion, and in this respect, all should demonstrate full readiness for cooperation and dialogue.

LIBERE BARARUNYERETSE, of the Organisation Internationale de la Francophonie, said that this session proved that the Human Rights Council was moving forward and was prepared to take on any challenges to the protection and promotion of human rights. The Organisation Internationale de la Francophonie congratulated the President of the Council and the High Commissioner for Human Rights for their work. They looked forward to the next meeting between the Office of the High Commissioner for Human Rights and the Organisation Internationale de la Francophonie that was scheduled during 2009 to discuss and draft a roadmap which covered the periods of 2010-2013. All of the instruments of the Organisation Internationale de la Francophonie sought to protect and promote human rights. Inspired by international human rights instruments, the Francophonie was committed to continuing its support to all the French-speaking countries in the preparation of their country reports for the Universal Periodic Review.

VERONIQUE ARNAULT, of the European Commission, said that the European Commission was based on a common effort to strengthen pluralism, non-discrimination, tolerance, solidarity and equality between men and women. That was why the European Commission followed with great attention the work of the Human Rights Council. The Commission had launched in 2006 a European strategy to promote and protect the rights of the child. One of the goals of the strategy was to monitor that national politics were in coherence with the obligations stemming from the United Nations Convention on the Rights of the Child. In 2000, even before the Durban Conference in 2001, the European Union had taken legislative and political initiatives in the field of the fight against racism, xenophobia, and all forms of discrimination.

The thematic work of the Council was an irreplaceable source for European institutions and the European Union as an international actor and donor. But its action on national situations was no less important. The European Commission was convinced that the Council had to be capable to react rapidly concerning all crises that affected human rights. Furthermore, the European Commission attached great importance to the success of the Universal Periodic Review. All its value and credibility depended on the open dialogue that should take place on a national level of the State under review and in the Council itself. They had to pay attention to the inclusive quality of this dialogue. However, the definitive demonstration of the effectiveness of the Universal Periodic Review process depended on the effective implementation of the recommendations that had been accepted by the country under review and could sometimes require the assistance of the international community.

TAIB SAAD EDDINE, of the Organization of the Islamic Conference, said human rights issues were of primary concern to the Organization of the Islamic Conference, which dedicated great importance to them, and worked hard to uphold and disseminate these rights among Member States. The Member States of the Organization of the Islamic Conference considered the Universal Declaration of Human Rights and the two international covenants as a metaphor of human connectivity, and as an imperative living document, a useful mechanism for tackling present-day human rights challenges. As the Human Rights Council was heading towards its third year, it would be a timely endeavour to reconsider its shortfalls and contributions, which were expected to be based on the principles of universality, impartiality, non-selectivity and on constructive international dialogue and cooperation.

The Organization of the Islamic Conference was increasingly worried about the mounting phenomenon of Islamophobia, which was considered by some Western reports as worse than racial abuse, and which had resulted in a multitude of prejudices and discrimination against all Muslims, and profoundly eroded their fundamental human rights. The Human Rights Council's role in the fight against this phenomenon should be highlighted - and the Council could not ignore the alarming signs of regression in efforts to combat racism, racial discrimination and xenophobia, particularly the upsurge in racist violence. The Durban Review Conference should not be a politically-motivated process; neither should it be an anti-Semitic exercise. The Organization of the Islamic Conference had deep concerns regarding Israeli practices and policies in the Israeli-occupied Palestinian territories, and it was imperative to raise the lack of determination in the Council to tackle this matter more vigorously.

SUSAN TIMBERLAKE, of UNAIDS, said that in recent years, important gains were made in response to HIV – gains that must be built upon and enlarged. The annual number of new HIV infection had fallen to 2.7 million in 2007, from 3 million in 2005. Nearly four million people were on antiretroviral treatment. If the international community built on momentum, universal access was a goal within reach. The universal access targets that countries had set for themselves by 2010, among others, estimated that 6.7 million people would be on HIV treatment; and 70 million pregnant women would receive HIV testing and counselling, and those testing positive would receive services to prevent the transmission of HIV to their infants. However, universal access was about more than treatment, condoms and harm reduction in the context of injecting drug use. Governments also committed themselves to protect the human rights of those vulnerable to HIV infection or living with HIV.

KHADIJA R. MASRI, of (African Union) said that the tenth session of the Human Rights Council was taking place at a moment in which the world was facing many challenges: a very difficult economic and financial situation, armed conflicts in some parts of the world, more and more deteriorating conditions for some especially vulnerable groups, and an increase in xenophobia and racist ideas in many countries. This alarming list could even be expanded. However, it had to be noted that the Council’s mechanisms were now in full operational phase and the results so far had been encouraging for the realization of the enjoyment of human rights for all. The Universal Periodic Review process had become a useful tool for an exchange of ideas on best practices and to illustrate that the protection and promotion of human rights remained a global challenge and no country was exempt from imperfection in that regard. The promotion and protection of human rights was a collective challenge of the entire international community and all United Nations instruments, such as the Universal Periodic Review.

The economic and financial crisis and its negative effects presented a real threat to the enjoyment of economic, social and cultural rights. The African Union was grateful that the Council held a Special Session on this topic. It called on the international community to note that the crisis persisted and that the efforts of the Council were not enough, global action was needed. The African Union had developed measures in this regard at their meeting in February 2009. Since Africa’s means were limited, the international community had to support Africa in order to implement the most basic human rights of the African people.

KAROLINA LINDHOLM BILLING, of the United Nations High Commissioner for Refugees (UNHCR), said the effective protection of forcibly displaced persons was inextricably linked to human rights - international refugee law was only a species of human rights law. UNHCR pursued a rights-based approach to the protection of persons for whom it had a mandate, and strongly supported such an approach for populations for which it did not have a direct mandate, such as migrants, who were frequently intermingled with refugees and asylum-seekers and suffered many of the same abuses. UNHCR looked to the Human Rights Council for support in mainstreaming human rights into its organisation and work. To be effective, this required that resolutions and decisions adopted by the Council, and recommendations stemming from the Universal Periodic Review, systematically reaffirmed the universal applicability of human rights standards to all persons, including non-citizens.

UNHCR could also offer practical cooperation in areas where protection gaps remained evident, and shared the belief of the Advisory Committee that a detailed examination of the existing legal regime in respect of persons fleeing hunger was desirable in order to identify potential gaps, and would be willing to participate in such a study. It would finally encourage an increased role by the Council in early warning - in preventing situations of displacement and statelessness of coming about. If UNHCR continued integrating human rights into all areas of its work, and the Council continued integrating persons and relevant humanitarian issues into the human rights arena, then there was a strong foundation for protection and solutions which ensured full respect for the rights of those who were some of the primary victims of human rights violations.

MARIE-THERESE PICTET-ALTHANN, of the Sovereign Military Order of Malta, said that the Sovereign Military Order of Malta ran institutions and programmes in many countries offering a wide range of services for people with physical and intellectual disabilities. It was therefore fully aware of the importance of eliminating discrimination faced by persons with disabilities and noted with satisfaction the declaration adopted at last week’s first session of the Committee on the Rights of Persons with Disabilities, promising to afford equal attention and priority to all persons with disabilities. It also emphasized vulnerable groups, which were of particular concern to the Order, for instance, women, children, elderly, migrants, asylum seekers and those living in rural areas or in areas of armed conflict. The issue of Palestinian pregnant women giving birth at Israeli checkpoints remained of concern, as the Order’s Holy Family Hospital provided the only possible place for women of the region to give birth in good medical conditions.

KATHARINA ROSE, of the International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights, said in October 2008, national human rights institutions from around the world joined together in Kenya for the ninth International Conference of National Human Rights Institutions on the administration of justice and the rule of law. This was undertaken as part of a project partly sponsored and co-organised by the Office of the High Commissioner for Human Rights. It unanimously adopted the landmark Nairobi Declaration, which established a set of guidelines for national human rights institutions to follow in relation to law enforcement, places of detention, the judiciary and access to justice, as well as legal aid providers and systems. A need remained for the wider United Nations system to better appreciate the crucial role that could be played by the national human rights institutions with respect to the administration of justice and the rule of law, as well as the protection and promotion of human rights more broadly. Thus, the United Nations Secretary-General should strengthen these links in the system-wide context of United Nations work on these issues.

Mr. MUGIYANTO, a human rights defender, said the Human Rights Council should support the International Convention for the Protection of all Persons from Enforced Disappearances. It was an urgent task for the Council to work towards the effective implementation of the Convention as an instrument for protecting people from enforced disappearances, revealing the truth, delivering justice, and providing reparation for the victims and their relatives. The entry into force of the Convention had been long awaited by thousands of family members of the victims - the crime of enforced disappearances had caused severe sufferings not only to the direct victims, but also to the relatives and the friends of the disappeared. All Member States of the United Nations, especially the members of the Council, should ratify the Convention without delay.

DISMAS KITENGE SENGA, a human rights defender, said despite progress since the end of the Second World War, armed conflicts persisted in certain regions of the world. If international humanitarian law required that States and all parties to a conflict protect the civil population, international human rights law required States to ensure the respect of all non-derogable rights at all times, including the right to life, the forbidding of torture and ill-treatment, and the need to avoid impunity, among others. Despite this, over the last years there had been massacres of civilian populations, forced enrolment of children in armed conflict, sexual violence against women, and other violations. The Human Rights Council should continue a sustained action through all tools for prevention in its power, in particular through country mandates when the gravity of the situation required it in order to evaluate the respect of international law and to contribute towards protecting the human rights of all victims and the fight against impunity.

NASSERA DETOUR, a human rights defender, said human rights defenders were subjected to various types of human rights violations, including extrajudicial killings, torture, arrests and arbitrary detentions, among others. Sixty years after the adoption of the Universal Declaration of Human Rights, several States still did not live up to their duty to abide by the principles contained therein. Human rights defenders and those promoting democratic reform were the target of repression in many regions of the world. The Council should ensure a high and strong level of protection for all human rights defenders that participated in its work, in particular against any reprisals for their work. The failure of the Council to ensure the protection of human rights defenders would put in danger the very soul of its function. It thus had the duty to ensure that human rights defenders participating in its work could speak freely, without fear of repercussions on their right to speak by the Council and in their own country.

FATIMA DOUBAKIL, a human rights defender, said the World Conference against Racism in 2001 and the mobilisation of non-governmental organizations and persons that preceded it played a significant role in focusing attention on the core issues of racism, racial discrimination and xenophobia in today's world. Unfortunately, the struggle against racism was not over. On the contrary, the danger of racism and xenophobia was growing in all regions of the world. It should not be forgotten or ignored that the final document of the World Conference against Racism was adopted by consensus. All here today should fully support the Durban Review Conference, and ensure its success, as by doing so they recognised the reality of millions of people who were victims of racism, racial discrimination, xenophobia, and empowered them in their struggle against racism.

For use of the information media; not an official record

HRC09018E