HUMAN RIGHTS COUNCIL ADOPTS TEXTS ON RIGHT TO DEVELOPMENT AND UNIVERSAL PERIODIC REVIEW

The Human Rights Council this morning adopted by consensus a resolution on the right to development, endorsing the conclusions and recommendations adopted by the Working Group on the Right to Development at its January 2006 session and renewing its mandate for one year.

The Council also adopted without a vote a decision on the extension of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights, in which the Council extended exceptionally for one year, subject to review, the mandates and the mandate-holders of all the Commission’s special procedures, of the Sub-Commission on the Promotion and Protection of Human Rights as well as the procedure established in accordance with Economic and Social Council resolution 1503.

The Council adopted a decision by consensus to establish an open-ended intergovernmental working group to formulate concrete recommendations on the issue of reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities in order to maintain a system of special procedures, expert advice and a complaint procedure, through open-ended, intersessional, transparent, well scheduled and inclusive consultations, with the participation of all stakeholders.

A decision on the universal periodic review was also adopted, with the Council deciding to establish an intersessional open-ended intergovernmental working group to develop the modalities of the universal periodic review mechanism.

Representatives of Cuba, China on behalf of like-minded countries, Canada, Finland on behalf of the European Union, and the Russian Federation took the floor.

When the Human Rights Council reconvenes at 3 p.m., it will continue to take action on remaining draft resolutions and decisions before adjourning its first session.

Resolution on the Right to Development

In a resolution (A/HRC/1/L.7) entitled “the right to development”, which was adopted without a vote, the Human Rights Council endorses the conclusions and recommendations adopted by consensus by the Working Group on the Right to Development at its seventh session in January 2006; decides to renew the mandate of the Working Group on the Right to Development for a period of one year; requests the High-Level Task Force on the Implementation of the Right to Development to meet for a period of five working days before the end of 2006 with a view to implementing the relevant recommendations contained in the report of the seventh session of the Working Group; requests the Working Group to meet for a period of five working days in the first three months of 2007; requests the Sub-Commission on the Promotion and Protection of Human Rights, or its successor expert-advice mechanism, to pursue its ongoing work on the right to development in accordance with the relevant provisions of General Assembly and Commission on Human Rights resolutions, and in compliance with decisions to be taken by the Human Rights Council; requests the Office of the United Nations High Commissioner for Human Rights to take all the necessary measures and to allocate the necessary resources for the effective implementation of the present resolution; decides to consider the next report of the Working Group on the Right to Development at its session in March/April 2007.

TERRY CORMIER (Canada), speaking in an explanation after adoption, said that Canada placed great importance on clarifying the groundwork of the work of the Council before moving on to a discussion on substantive issues, and was pleased to join consensus on this resolution. There was appreciation for the work of the Working Group, and the efforts of all States towards reaching a consensus text. The conclusions and recommendations adopted were without prejudice to any statements that Canada had made in the past.

Decision on Extending All Mandates, Mechanisms and Functions of Commission on Human Rights

In a decision (A/HRC/1/L.6), entitled “extension by the Human Rights Council of all mandates, mechanisms, functions and responsibilities of the Commission on Human Rights”, adopted by consensus, the Human Rights Council: decides to extend exceptionally for one year, subject to the review to be undertaken by the Council in conformity with General Assembly resolution 60/251, the mandates and the mandate-holders of all the Commission’s special procedures, of the Sub-Commission on the Promotion and Protection of Human Rights as well as the procedure established in accordance with Economic and Social Council resolution 1503; requests, in this regard, the special procedures, the Sub-Commission and the 1503 procedure to continue with the implementation of their mandates and the Office of the United Nations High Commissioner for Human Rights to continue to provide the necessary support to them; decides to approve the following arrangements for the transitional period: to consider at its next session the reports of all special procedures submitted to the sixty-second session of the Commission on Human Rights; that the final session of the Sub-Commission on the Promotion and Protection of Human Rights shall be convened starting 31 July for a period of up to four weeks; also decides that the Working Groups and the Social Forum of the Sub-Commission shall be convened to hold their annual sessions in accordance with current practices; further decides to consider at its forthcoming session all outstanding reports referred by the Commission on Human Rights to the Human Rights Council.

JUAN ANTONIO FERNANDEZ PALACIOS (Cuba), speaking in a general comment after adoption, said that Cuba had to clarify that it did not recognize the mandate of the Personal Representative of the High Commissioner of the former Commission on Human Rights. Cuba would like to make it clear that that mandate was spurious and illegitimate and that it had no intention of even listening to the Personal Representative. It had not done so in the past, it would not do so now and it would not do so in the future.

SHA ZUKANG (China), speaking on behalf of the like-minded countries in a general comment after adoption, said that the like minded countries could not blindly look at the mechanisms, which had served as tools of selectivity, and politicization during the Commission. The Council should only extend the mandates of those mechanisms for one year and not more.

TERRY CORMIER (Canada), speaking in an explanation after adoption, said Canada had joined consensus on this important decision which would enable the Special Rapporteurs to continue their work. The special procedures made an important contribution to the promotion and protection of human rights through dialogue with States, providing independent expertise and recommendation, and Canada looked forward to reading their reports and engaging in a dialogue with them in the future. All special procedures had an equal status, and there were several mandates whose term extended beyond one year. As mandated by the General Assembly resolution, the Human Rights Council should assume, review and where necessary improve and rationalise all mechanisms and functions of the Commission, and this review should include all mandates and should take place in a balanced and comprehensive manner.

SATU MATTILA (Finland), speaking on behalf of the European Union in an explanation after adoption, said the European Union had repeatedly stressed that a human rights protection gap would be contrary to all of their aspirations for the promotion and protection of human rights. The transfer of all the mandates and mechanisms to the Council was vital in filling that protection gap, and their interrupted functioning in the coming year was crucial. For that reason the European Union welcomed the adoption of the present resolution by consensus.

Operative paragraph 6 of General Assembly resolution 60/251 provided for the Council’s assumption, as well as review and improvement of the functions and operations of the special procedures. Finland was therefore unclear on why one mandate was given special preference and was highlighted in the annex. That seemed to give a clearly unequal treatment that was against the spirit of the General Assembly resolution. Finland remained committed to the review process and therefore welcomed the progress made in that regard today.

SERGEY CHUMAREV (Russian Federation) said the delegation of the Russian Federation joined consensus on the draft resolution. The Russian delegation would like to make a deep study of the mechanisms within the framework of the Council.

Decision on the Universal Periodic Review

In a decision (A/HRC/1/L.12) entitled “the universal periodic review”, adopted by consensus as orally amended, the Human Rights Council decides to establish an intersessional open-ended intergovernmental working group to develop the modalities of the universal periodic review mechanism; requests the President of the Council to chair the working group with the assistance, if necessary, of one or more facilitators, to undertake these open-ended intersessional, transparent, well scheduled and inclusive consultations with the participation of all stakeholders; decides that informal consultations could begin immediately through an open-ended consultative process in order to compile proposals and relevant information and experiences, to facilitate open-ended discussions appropriately scheduled by the Chairperson with the involvement of all stakeholders; requests the Office of the United Nations High Commissioner for Human Rights to provide the working group with background information on existing mechanisms for periodic review and to compile the contributions of all stakeholders; and requests the working group to regularly report to the Council starting in September 2006 on progress made on the development of modalities and necessary time allocation for the universal periodic review.

Decision on Establishing Working Group to Review all Mandates

In a decision (A/HRC/1/L.14) entitled implementation of paragraph 6 of General Assembly Resolution 60/251, adopted by consensus as orally amended, the Human Rights Council decides to establish an open-ended intergovernmental working group to formulate concrete recommendations on the issue of reviewing and, where necessary, improving and rationalizing all mandates, mechanisms, functions and responsibilities in order to maintain a system of special procedures, expert advice and a complaint procedure, in conformity with General Assembly resolution 60/251, through open-ended, intersessional, transparent, well scheduled and inclusive consultations, with the participation of all stakeholders; decides that informal consultations could begin immediately through an open-ended consultative process in order to compile proposals and relevant information and experiences, and to facilitate open-ended discussions appropriately scheduled by the Chairperson with the involvement of all stakeholders; and requests the Working Group to regularly report to the Council.