HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATE ON FOLLOW-UP TO AND IMPLEMENTATION OF THE VIENNA DECLARATION AND PROGRAMME OF ACTION
The Human Rights Council in its midday meeting held a general debate on the follow-up to and the implementation of the Vienna Declaration and Programme of Action.
In the general debate, delegations rejected attempts to limit the space for civil society by pressuring their representatives who spoke out on their countries dire human rights situation. States should take immediate and effective steps towards realizing the objectives of the Vienna Declaration and Programme of Action, particularly concerning protection for freedom of expression, protection of human rights defenders, and support for pluralistic civil society. Efforts by some States to undermine the principle of universality of human rights with cultural relativism were lamentable; values or cultural specificities should not relieve States from their obligation to protect all human rights. Speakers strongly condemned the intentional destruction of cultural heritage wherever it occurred and whoever was the perpetrator. Other issues raised in the general debate included human rights education, responsibilities of States in the context of mega sports events, the right to development and the right to self-determination, prevention of torture, violence against women, and the situation of the rights of women.
Pakistan on behalf of the Organization of Islamic Cooperation, Latvia on behalf of the European Union, Poland on behalf of a group of States, Algeria on behalf of a group of States, Ireland, Germany on behalf of a group of 30 States, Algeria on behalf of the African Group, United States, Netherlands, Venezuela, Russia, Morocco, China, South Africa, Iran, Burkina Faso, Senegal, Comoros, and Sudan spoke in the discussion.
The following non-governmental organizations also spoke in the general debate: Istituto Internazionale Maria Aqusilliatrice della Salesiane di Don Bosco, International Buddhist Relief Organization, Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale, Action Canada for Population and Development, Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos, France Libertes, World Barua Organization, Press Emblem Campaign, Advocates for Human Rights, Liberation, Centre for Human Rights and Peace Advocacy, Mbororo Social and Cultural Development Association, Americans for Democracy and Human Rights in Bahrain Inc, Al-Salam Foundation, United Nations Watch, Verein Sudwind Entwicklungspolitik, Asian Forum for Human Rights and Development, Maarj Foundation for Peace and Development, International Humanist and Ethical Union, World Muslim Congress, Agence Internationale pour le Developpement, African Development Association, Amnesty International, Association of World Citizens, Commission africaine des promoteurs de la santé et des droits de l’homme, International Muslim Women’s Union, Indian Council of South America, and Human Rights Watch (joint statement).
The Council is holding a full day of meetings today and at 4.30 p.m. will next start its general debate on racism, racial discrimination, xenophobia and related forms of intolerance, follow-up and implementation of the Durban Declaration and Programme of Action.
General Debate on the Vienna Declaration and Programme of Action
Pakistan, speaking on behalf of the Organization of Islamic Cooperation, expressed its concerns at the attempt to introduce in the United Nations concepts with no legal foundation in any international human rights instrument. Those attempts could undermine not only the intents of the drafters and signatories to these human rights instruments, but also seriously jeopardize the entire international human rights framework. The Organization believed that positive and constructive engagement, free from politicization and double standards, was the only way forward.
Latvia, speaking on behalf of the European Union, rejected any attempt by States to limit the space for civil society by pressuring non-governmental organizations or other civil society representatives who spoke out on their countries dire human rights situation. It lamented repeated efforts by some to undermine the principle of universality with cultural relativism. Values or cultural specificities, or any other concept, should not relieve States from their obligation to protect all human rights.
Poland, speaking on behalf of a group of States, recalled the importance of human rights instruments and stressed that everyone had the right to freely participate in cultural life. The intentional distraction on that right could have adverse consequences on human dignity and human rights. The group strongly condemned the intentional destruction of cultural heritage wherever it occurred and whoever was the perpetrator as well as the recent acts of destruction of world heritage sites, including archaeological sites and places of worships, as well as books and manuscripts.
Algeria, speaking on behalf of a group of countries, reaffirmed the right to self-determination and, in the light of the current situation in Western Sahara, called for the enjoyment of this right by the Sahrawi people. The group expressed concern about the protracted occupation of Sahrawi territories and expressed optimism about the ability of the upcoming mission by the Office of the High Commissioner for Human Rights to provide information on the situation on the ground in the territory of Western Sahara.
Ireland said that the Vienna Declaration explicitly recognized the need for the integration of human rights education programmes in national education curricula. Human rights education went beyond literacy and recognized that all individuals were part of shared humanity. Ireland commended the human rights education tools developed by the Office of the High Commissioner for Human Rights and the various regional initiatives.
Germany, speaking on behalf of a group of 30 States, reaffirmed the responsibility of States to protect, respect and promote human rights in the context of planning, preparation and hosting of mega sport events, such as the Olympic Games and the World Football Association. States should integrate housing concerns in the bidding and planning process at an early stage; pay particular attention to most vulnerable and marginalized groups; and plan and develop the event venues with the post-event period in view.
Algeria, speaking on behalf of the African Group, stated that the Vienna Declaration required that all rights, including civil and political, as well as economic, social and cultural rights, merited the same treatment. The right to development was an inalienable right. It was deplorable that States from the North and South continued to dispute over this issue. States also had to attach greater importance to the rights of migrant workers.
United States continued to be alarmed at the number of mass atrocities occurring around the globe. Preventing them, including through training, programmatic work, unilateral engagement, and identifying early warning signs, remained a daunting but surmountable challenge. A structured framework with all relevant means and effective assessments of early warning signs and indicators was a key element of successful prevention.
Netherlands said that the Vienna Conference was one of the most important conferences articulating the rights of women. Cultural prejudice could be at the origin of gender-based violence, but the mere fact that certain practices had a long history could not be the basis for acceptance. Cultural and religious heritage would have to be tested against universal human rights. Governments had to prevent violence and discrimination against all people, no matter their sexual orientation or gender identity.
Venezuela said that thousands of people had become vulnerable and faced situations of extreme poverty in the current worldwide period of financial crisis generated by capitalism. Further, the lack of opportunities had been inherited by millions of people. The right of development was an essential human right through which the effective exercise of the other human rights could be achieved.
Russian Federation stressed the importance of the principle of cooperation between States. That principle was viewed as a key factor for the achievement of United Nations’ goals. It was designed for constructive cooperation amongst States. The existing difficulties could be overcome by cooperation, adoption of coordinated mechanisms, dialogue and mutual support. It therefore hoped that this topic could receive more focus.
Morocco said that the visit of the Office of the High Commissioner, at the invitation of Morocco’s Government, was negotiated on a bilateral basis and was therefore of a purely technical nature. In that context, the delegation regretted that Algeria wanted to use the invitation by linking it to the question of Western Sahara, which had for its part a political nature and was discussed in New York. The Council should not consider the report of the mission.
China, speaking in a cross-regional statement on behalf of a group of countries, said that sport was a means to develop health, education and peace, and constituted a universal language that contributed to understanding, cooperation and solidarity. Sport should be used as a vehicle to foster and strengthen education for all, empower women and girls, and promote inclusiveness and non-discrimination on all grounds. States should promote physical activity and sports among all population groups.
South Africa expressed concern that the Council continued to struggle to ensure the universality, objectivity and non-selectivity of the consideration of human rights issues. Extreme poverty and social exclusion were an affront and a violation of human dignity, and the undefined notion of the human rights-based approach remained difficult for South Africa to comprehend; the setting of conditionality on development cooperation had dire consequences on the quality of life of people around the world.
Iran said that despite the principles enshrined in the Vienna Declaration and Programme of Action, some issues were not receiving adequate consideration, including the enhancement of international cooperation in the field of human rights, and attention to national and regional particularities, and religious and cultural particularities of States. States should also refrain from any unilateral measures that created obstacles to trade relations among States and impeded full realization of human rights.
Burkina Faso stated that by adopting the Vienna Declaration and Programme of Action, States had expressed their engagement to respect human rights and fundamental freedoms of all peoples. Over 20 years later, many people were still denied their basic rights, including the right to health, education, food and water. In addition, thousands were women who were excluded from the right to development because they are victims of grave violations such as female genital mutilation.
Senegal said that the question of Moroccan Sahara had been a peace and security issue since 1975. As such, it was the United Nations Security Council that was in charge of this issue, and which tried to promote a politically negotiated solution between all parties. The Moroccan Government had made concrete and credible propositions in this respect and had invited a technical mission by the Office of the High Commissioner for Human Rights.
Comoros had declared its will to cooperate in the promotion of all rights. Comoros welcomed the steps taken by the Moroccan Government to invite the Office of the High Commissioner for Human Rights for a mission and supported the mission, in conformance with the terms agreed to between Morocco and the Office of the High Commissioner for Human Rights.
Sudan regretted that the right to development still lagged behind, and stressed the need for international cooperation in view of achieving the full enjoyment of the right to development. States should refrain from any unilateral measures, including unilateral coercive measures that would infringe on the social and economic development of the targeted States.
Instituto Internazionale Maria Ausiliatrice delle Salesiane di Don Bosco, in a joint statement with Salesian Missions, Inc., International Volunteerism Organization for Women, Education and Development – VIDES,and Volontariato Internazionale per lo Sviluppo, recalled that the Vienna Declaration had established the principle of the universality of human rights. The lack of child participation was one of the obstacles to the full implementation of human rights. States should fully implement the right to participation enshrined in the Convention on the Rights of the Child, and ratify the third Optional Protocol establishing a complaints procedure.
International Buddhist Relief Organization said torture was one of the worst forms of human rights violations, and referred to cases of persons being tortured and extrajudicial killings by India against its minorities. It demanded that the Council act to address these cases and make India respect its international obligations.
Organisation pour la Communication en Afrique et de Promotion de la Cooperation Economique Internationale said that the right to development was a universal and inalienable right and individuals were a focus of development. African women had always played a central role in development despite systematic exclusion and marginalization. The violations and freedom of women and children in Polisario camps in Tinduf were a source of concern.
Action Canada for Population and Development said that the Vienna Declaration and Programme of Action was critical for the advancement of women’s human rights. Still, States and non-State actors continued to deploy various means to attack women human rights defenders and women’s organizations, including those working on the rights of lesbian, gay, bisexual, transgender and intersex persons, sexual and reproductive health and against sexual harassment.
Federacion de Asociaciones de Defensa y Promocion de los Derechos Humanos spoke about the unacceptable repression against civilians living in the Western Sahara by Morocco, the occupying power, including the right to freedom of expression and freedom of association. An effective legal protection must be provided to civilians in Western Sahara, and the mandate of the United Nations Mission for the Referendum in Western Sahara (MINURSO) must be enlarged to encompass monitoring of human rights.
France Liberte stated that all peoples had the right to self-determination, and the right to freely determine their political status and their social and cultural development. The United Nations had adopted over 100 resolutions on the right of peoples to self-determination in Western Sahara. Morocco was discriminating against these people by forbidding them to exercise their right to self-determination.
World Barua Organization said that the Vienna Declaration stated that gender based violence was incompatible with human rights. These violations could be eliminated through measures, including education and social support. Unfortunately, India had failed to do so. The capital of India was called the rape capital of the world. Even a 70-year old nun had been gang-raped in her worship place. Perpetrators did not fear justice. Upper caste Hindus remained intolerant towards the rights of other castes.
Press Emblem Campaign stated that in its adoption of the resolution on the safety of journalists, the Council had vowed to prevent attacks and violence against media workers, ensure accountability through independent investigations, and ensure that victims and families had appropriate remedies. The Human Rights Council and States were urged to report on the implementation of the resolution. There was deep concern that nothing had been done and that some States had even killed journalists.
Advocates for Human Rights said domestic violence violated women’s right to life, liberty and security, equal protection and freedom from torture and discrimination. Some Governments did not treat domestic violence as a public crime, therefore failing to hold offenders accountable. States should undertake legal reforms and provide training to authorities on support to victims.
Liberation said the Vienna Declaration and Plan of Action emphasized that all States had to protect human rights for all, and referred to a report by Human Rights Watch on significant human rights problems in India, including restrictions on political dissent and harassment of human rights activists, and a lack of accountability for these crimes.
Centre for Human Rights and Peace Advocacy underlined the need to better protect the rights of persons with disabilities in India. There were only a few mental health institutions in the country, which fell short of addressing the needs of the entire population of persons with mental diseases in India. The Council should call on India to respect its international obligations with regard to the right to health.
Mbororo Social and Cultural Development Association said that in Meghalaya, the north eastern State in India, incidences of crimes against women and children, including rape and kidnapping, had been increasing daily. The concept of social justice was not foreign to legal order in India, and should be the primary objective provided by the State.
Americans for Democracy and Human Rights in Bahrain Inc. called attention to the increasingly frequent attacks on freedom of expression and opinion in the Gulf Cooperation Council region. The systematic use of defamation laws as a regionally enforced instrument to silence dissent was of deep concern. The Council should implement its monitoring mechanisms to preserve its fundamental purpose to safeguard the principles contained in the United Nations Charter and the Universal Declaration of Human Rights.
Al-Salam Foundation raised concern that the targeting of human rights defenders, civil society and voices of dissent by States only served to undermine the implementation of the Vienna Declaration and Programme of Action. States should take immediate and effective steps towards realizing the objectives of the Vienna Declaration and Programme of Action, particularly concerning protection for freedom of expression, and support for pluralistic civil society.
United Nations Watch stated that many innocent men had been persecuted but later proved to be world leaders. Martin Luther King had been arrested 30 times, but eventually won the Peace Prize. Vaclav Havel had also been persecuted, but eventually led the revolution against Communism. United Nations Watch urged Saudi Arabia as a member of the Council to announce here and now that it would release Mr. Badaoui, an innocent man who had not committed any crime.
Verein Sudwind Entwicklungspolitik said that freedom from torture was very important. It condemned the persecution and torture of individuals in Iran by the authorities. Arresting people and delivering their dead bodies had to stop immediately and perpetrators had to be identified and tried in front of an independent public court.
Asian Forum for Human Rights and Development said that Article 76 of the Vienna Declaration and Programme of Action referred to strengthening of regional arrangements for the promotion and protection of human rights. In this regard, the ASEAN Intergovernmental Commission on Human Rights, since its establishment in 2009, had not addressed nor responded to violations in the region.
Maarj Foundation for Peace and Development underlined the prohibition of torture in the Vienna Declaration and Programme of Action, and expressed concern about cases of torture being reported in most countries. It called on Member States to guarantee the right to a fair trial for all, including non-citizens, and allow the presence of a lawyer at all stages.
International Humanist and Ethical Union was concerned about countries having blasphemy laws that were being used to restrict human rights, silent dissent and persecute religious minorities. International Humanist and Ethical Union referred specifically to such laws in India, Pakistan and the Russian Federation. A clear commitment had to be made by the Council on the issue, while ensuring the Istanbul Process was not sabotaged.
World Muslim Congress said the people of Jammu and Kashmir continued to be denied their right to self-determination by the Indian Government. To crush the peoples’ struggle, the Government of India continued to grant impunity for armed forces in Jammu and Kashmir, allowing them to shoot-to-kill, which had led to drastically increased human rights violations.
Agence Internationale pour le Developpement stated that the plight of women in conflict situations, especially in territories under occupation, needed to be addressed by the Council. Women living in Indian occupied Kashmir had been the most unfortunate victims of violence. Organized attacks on human rights defenders had been carried out there by the State administration to silence their voices and to prevent them from documenting the repression.
African Development Association expressed great disappointment due to the persistent refusals of Algeria and Polisario to engage in serious negotiations and to their continuation of actions that had made the detained people suffer. The proposal of Morocco for autonomy was a win-win solution and could allow Sahraouis to administer their own issues and to finish with this conflict.
Amnesty International said that Saudi Arabian authorities had resorted to all available means of crushing independent human rights activism inside that country, had criminalized reporting human rights violations and had exercised reprisals against activists who had tried to address human rights violations. That country had not only banned and attempted to forcibly shut down certain associations but had also dragged their founders and members to court.
Association of World Citizens noted that today there were more than 50 million persons displaced in the world and called the attention of the Council to the situation in Sinai where hundreds of people were being kidnapped. Association of World Citizens paid tribute to the Operation Mare Nostro for saving hundreds of lives and said that its replacement, operation Triton, was not effective enough as it did not have the search function.
Commission africaine des promoteurs de la santé et des droits de l’homme said that the Vienna Declaration and Programme of Action had stressed the elimination of violence against children and was dismayed by the growing violence against women in zones of conflict. Rape was being used as a weapon of war and perpetrators enjoyed impunity. This occurred in various parts of the world.
International Muslim Women’s Union said that the Vienna Declaration and Programme of Action called on States parties involved in conflicts to strictly observe international humanitarian law. Unfortunately, States and other parties did not fulfil standards laid down by international law. The Indian army in Indian occupied Jammu and Kashmir did not observe their international obligations and violence against women and unprecedented crimes against women were being perpetrated by military and paramilitary forces.
Indian Council of South America said indigenous people in Colombia had received threats from paramilitary groups and had been displaced without prior information or consent as a result of mining activities. Colombia was urged to respect the dignity of indigenous people and ensure that mining activities did not lead to violations of their rights. This was a condition for lasting peace in Colombia.
Human Rights Watch, in a joint statement with International Service for Human Rights, International Federation of Human Rights Leagues (FIDH),World Organisation Against Torture, and CIVICUS- World Alliance for Citizen Participation, said one of the landmark achievements of the Vienna Declaration and Plan of Action was the creation of an independent High Commissioner for Human Rights. Today, this independence was under threat with the draft resolution inaccurately entitled “Composition of staff of the Office of the High Commissioner for Human Rights”. States should reject provisions of this text seeking to encourage follow-up to the report of the Joint Inspection Unit, which recommended strengthening the capacity of Member States to direct the work of the Office.
For use of the information media; not an official record
HRC15/047E