HUMAN RIGHTS COUNCIL HEARS PRESENTATION BY SPECIAL REPRESENTATIVE OF SECRETARY-GENERAL FOR CHILDREN AND ARMED CONFLICT

The Human Rights Council this morning heard a presentation from the Special Representative of the Secretary-General for children and armed conflict after concluding its general debate with the new High Commissioner for Human Rights.

Radhika Coomaraswamy, Special Representative of the Secretary-General for children and armed conflict, said the changing nature of warfare, with less protection for civilian lives, represented the main challenge the world faced for children and armed conflict, cases in point being Iraq, Afghanistan, Israel and the Occupied Palestinian Territories and countries facing terrorism. It was the duty of the Council to make clear that rules of engagement had to be respected and full protection accorded to civilians, particularly children. It was important that the Council dealt comprehensively with the issue of non-state actors and related issues of accountability and impunity. The Council also needed to deal with State tolerances of non-State actors and their activities, while States needed to facilitate the dialogue with them. There were 16 persistent violators who had continued to defy the Council and had been listed in the annexes of the Secretary-General's report for using and recruiting children. The Council had been urged during the previous debate on this topic to move forward and to set up a mechanism for determining targeted measures against these violators.

The Council also concluded its general debate in welcome of Navi Pillay, the new High Commissioner for Human Rights, who addressed the opening meeting of the Council on 8 September. In the general debate, States warmly welcomed and congratulated the new High Commissioner for Human Rights. They said her vast experience in the field of human rights would provide her with both the will and the impetus in the common efforts to advance the cause of human rights worldwide. The important role of the Office of the High Commissioner for Human Rights in the promotion and protection of human rights in connection with the work of the Council was underscored. Several States reiterated their support for the preparation process for the upcoming Durban Review Conference and underscored the importance of the participation of all in this process. In the context of the sixtieth anniversary of the adoption of the Universal Declaration of Human Rights, many States expressed the ample opportunity to assess the achievements and shortcomings in the field of human rights, with a view to address challenges in a comprehensive manner.

Speaking in the general debate were the delegations of Qatar, Saudi Arabia, Algeria, Turkey, Georgia, New Zealand, Australia, Colombia, Norway, Iceland, Czech Republic, Venezuela, Ireland, Sri Lanka, Maldives, Tunisia, Nepal, Oman, Sudan, Thailand, Belgium, Morocco, Organisation Internationale de la Francophone, Uganda, Iran, Austria, and the African Union.

Also speaking were the representatives of International Service for Human Rights (joint statement), European Region of the International Lesbian and Gay Association Europe (joint statement), International Human Rights Association of American Minorities (joint statement), Mbororo Social and Cultural Development Association (joint statement), Human Rights Watch, North South XXI, International Commission of Jurists, Commission to Study the Organization of Peace, European Union of Public Relations, Association of World Citizens, International Humanist and Ethical Union, and United Nations Watch.

The Human Rights Council will reconvene at 3 p.m. this afternoon when it is scheduled to hear, depending on length of the interactive dialogue, from the Special Rapporteur on the situation of human rights and fundamental freedoms of indigenous people, the Special Rapporteur on the adverse effects of the illicit movement and dumping of toxic and dangerous products and wastes on the enjoyment of human rights, the Independent Expert on human rights and international solidarity, the Special Rapporteur on contemporary forms of slavery, including its causes and its consequences, and the Special Rapporteur on the sale of children, child prostitution and child pornography.

Report of the Special Representative of the Secretary-General for Children and Armed Conflict

The Council has before it the annual report of the Special Representative of the Secretary-General for Children and Armed Conflict, Radhika Coomaraswamy (A/HRC/9/3), which looks at new developments and remaining challenges affecting children in situations of armed conflict, as well as working with the United Nations human rights system in this context. Among new developments, the report cites the recruitment of children across borders, forced displacement, an increase in sexual violence and a greater number of children being held in detention, which have created new dilemmas for the protection of children. The blurring of the traditional line between armed conflict and criminal violence, often involving transnational crime, non-traditional warfare and trafficking, is also being witnessed in several situations, and there are increasing concerns about abuses committed against children by armed or criminal groups, including for recruitment and use in armed combat. Terrorism and counter-terrorism measures pose their own special problems for the protection of children. Children are used as suicide bombers in certain instances, and many children are killed in suicide bombings. On the other hand, counter-terrorism strategies also raise concern as large-scale military action and the use of disproportionate force result in collateral damage, sometimes killing and maiming of children. In a final chapter the Special Representative makes a number of recommendations, among them, that the Council make combating grave violations against children an integral part of its agenda, as well as in the Universal Periodic Review.

Statement by the Special Representative of the Secretary-General for Children and Armed Conflict

RADHIKA COOMARASWAMY, Special Representative of the Secretary-General for Children and Armed Conflict, welcomed Navi Pillay as the new High Commissioner for Human Rights. She noted an increase in the intensity of armed conflicts around the world since her last report to the Council, and a growing sense of despair in situations of protracted conflict. Success had been registered too, in countries such as Côte d'Ivoire, Sierra Leone and Liberia.

The changing nature of warfare, with less protection for civilian lives, represented the main challenge the world faced for children and armed conflict, cases in point being Iraq, Afghanistan, Israel and the Occupied Palestinian Territories and countries facing a terror problem. Children were being recruited by insurgent groups, used as suicide bombers, kept in military detention without judicial protection, while schools were being attacked and girl-children suffered particular brutality. Humanitarian space had been increasingly politicised and lines between humanitarian and military work blurred, while the fundamental principles of international humanitarian law - the separation of civilian from combatant – were breached. It was the duty of the Council to make clear that rules of engagement had to be respected and full protection accorded to civilians, particularly children.

Increasingly non-state actors engaged in grave violations against children. The line between political and criminal activity became blurred, as many groups involved in armed struggle were also involved in criminal activities, including human trafficking, the drug trade, arms smuggling and mineral exploitation. Many States were closely associated with non-state actors. The climate of impunity that prevailed made life less secure for everyone. It was important that this Council dealt comprehensively with the issue of non-state actors and related issues of accountability and impunity. Secondly, the Council needed to deal with State tolerance of non-state actors and their activities, while States needed to facilitate the dialogue with them.

She noted there were 16 persistent violators who had continued to defy the Council and had been listed in the annexes of the Secretary-General's report for using and recruiting children. The Council had been urged during the previous debate on this topic to move forward and to set up a mechanism for determining targeted measures against these violators. In the amicus curae her office filed against Thomas Lubanga, they had argued for a broad interpretation of the definition of recruiting and using children, in an attempt to extend the protection of the law to all children associated with armed groups. This was particularly important for the protection of girl children, who played multiple roles when associated to armed groups, from combatant wives to domestic aide. The processes before the International Criminal Court and the Security Council, despite being long, tedious and time consuming, were very important in achieving deterrence and compliance.

The Special Representative of the Secretary-General for children and armed conflict noted other issues of concern, such as the humanitarian needs of children in armed conflict, the protection needs of internally displaced persons, sexual and gender-based violence and small arms. As responsibility to protect had special meaning when it came to children because of their vulnerability, her office would extend assistance to the Special Advisors to the Secretary-General in developing and operationalising this concept.

The Human Rights Council faced a pivotal moment today and had to decide – whether to recommit to the values they had built since the end of the World War Two or, as warfare changed, they compromised their most humane instinct in a desperate search for security, which, in the end, to be sustainable, must come from the very people they had the responsibility to protect. Children and young people all over the world who were deeply affected by armed conflict would feed the cycle of violence unless the world promised them a better tomorrow, out of a real desire to assist children and their communities to build a better future.

General Debate with the High Commissioner for Human Rights

ABDULLA FALAH ABDULLA AL-DOSARI (Qatar) congratulated High Commissioner for Human Rights Navi Pillay on her appointment. This appointment was of great importance because she was the first woman from the third world holding this post. Qatar also thanked former High Commissioner Louise Arbour for all her work to strengthen a new mechanism for the protection of human rights. Qatar wanted to stress the importance of the independence of the Council and the importance of protecting the Palestinian people and guaranteeing their right to independence.

ABDULWAHAB ABDULSALAM ATTAR (Saudi Arabia) thanked the President of the Council and reiterated the confidence Saudi Arabia felt in his ability to direct and lead the Council. Saudi Arabia extended a warm welcome to the High Commissioner and was confident that she had the necessary experience to achieve the best results for her mandate. Saudi Arabia reiterated its desire to cooperate with the High Commissioner and its willingness to achieve the goals set forth. Saudi Arabia further welcomed her comprehensive vision in combating racial discrimination which had given impetus to all members in achieving the goals in this area.

IDRISS JAZAIRY (Algeria) congratulated the new High Commissioner for Human Rights on the assumption of her post. The transformation of the Commission on Human Rights into the Human Rights Council with enhanced leadership status and responsibilities was the first key step in the direction of bold reform of the human rights institutions and enhanced protection for victims of human rights violations. It was still to be decided what would be the impact of this reform on the evolving relationship between the Council and the Office of the High Commissioner for Human Rights. Algeria noted that all Member and Observer States felt they were key stakeholders in the global reform and that discussions and decisions needed to be fully transparent. Algeria suggested that the High Commissioner appoint an executive Director to expedite and enhance the preparatory process to the Durban Review Conference next April.

AHMET UZUMCU (Turkey) said that this was a crucial moment in the Human Rights Council's history. States should be careful not to politicize this forum. New human rights challenges lay ahead and new mechanisms had to be put in place to address them. The Universal Periodic Review was such a mechanism. As an impartial and non-selective process, the Universal Periodic Review would increasingly be considered as the core of UN human rights instruments. For the sixtieth anniversary of the Universal Declaration of Human Rights, Turkey supported holding a solemn commemoration meeting in December.

GIORGI GORGILADZE (Georgia) congratulated Navi Pillay on her assumption of the duties as the High Commissioner for Human Rights. The victims of human rights abuses counted on the High Commissioner's “advocacy role”. As a result of an armed conflict in Georgia, more than 100,000 displaced civilians had been subjected to suffering and ethnically motivated crimes. The humanitarian assistance and protection of these displaced persons remained one of the main priorities. Georgia did not consider it appropriate to abuse this podium for political statements. With respect to legal qualification of the matter, the proper forum had been taken by Georgia in international and regional judicial bodies in accordance with guiding provisions of the United Nations Charter as well as respective norms of international human rights law, humanitarian law and international criminal law. As for policy considerations, they had been viewed in the Presidency Conclusion adopted at the European Union's Emergency Summit, decisions of the Council of Europe as well as the Organization for Security and Cooperation in Europe. Georgia believed that the existing situation in Georgia could only be solved via direct involvement of the international community. Hence, Georgia appealed to the relevant regional and international organizations in favour of an international inquiry and monitoring of the respective human rights and humanitarian law violations in an objective manner. The Government of Georgia expressed its willingness to cooperate transparently with relevant international organizations in line with the principles and rules of relevant human rights instruments.

DON MACKAY (New Zealand) complemented the President of the Council for his manner in conducting the session and welcomed the new High Commissioner. Human rights were fundamental for future prosperity and stability in the Asia-Pacific region. New Zealand noted its moral and financial support to the Office of the High Representative for Human Rights and welcomed the appointment of the new regional representative. The Universal Review Process brought to light the issue of the capacity of States, especially small ones. New Zealand was impressed by the response of small States to the challenges posed by the Universal Review Process and by the commitment they demonstrated. New Zealand was to hold a regional seminar on the Universal Review Process in order to facilitate learning and lesson sharing. Finally, New Zealand hoped that the Office of the High Commissioner for Human Rights would provide sufficient resources to the States in the region to enable them to adequately report on the human rights treaties.

CAROLINE MILLAR (Australia) said that Australia had welcomed the increased level of engagement by the Office of the High Commissioner for Human Rights in the Asian region achieved under the leadership of the High Commissioner's predecessor. Australia stood ready to work with the Office of the High Commissioner to continue that and to promote greater engagement by the Pacific region in the international human rights system. Small Pacific island States continued to face considerable challenges on such engagement, lacking representation here in Geneva and as the least represented region in terms of being parties to core human rights treaties.

CLEMENCIA FORERO UCROS (Colombia) said the Office of the High Commissioner for Human Rights was established in 1993. In 1997, the Government of Colombia opened a country office of the Office of the High Commissioner in an effort to protect human rights in the country. Since the establishment of the country level office, an active dialogue with the Office of the High Commissioner had continued. In 2007 the former High Commissioner Louise Arbour visited Colombia and there was an extension of the mandate of the office in Colombia to 2010. The Government of Colombia valued the High Commissioner's experience. Colombia had been an active part of institutional building in the Council. In the context of the sixtieth anniversary of the Universal Declaration of Human Rights, Colombia was committed to the implementation of institutions to achieve the goals set forth in the Council. The Government of Colombia had also been an active member in the Universal Periodic Review process and had been an active member in cooperating with the Special Procedures in the Council. Further Colombia was committed to achieving the goals and visions set forth by the High Commissioner and they could be counted on as an active member in achieving these goals.

BENTE ANGELL-HANSEN (Norway) extended a warm welcome to the new High Commissioner for Human Rights and thanked her for her visionary statement which she delivered to the Council. Sixty years after the adoption of the Universal Declaration on Human Rights, the world still needed an independent and impartial voice to promote human rights. It was the obligation of all Member States to ensure that the Council became successful and made a positive difference for people around the world.

Norway looked forward to cooperation with the Office of the High Commissioner and strongly supported its work in supporting the global network of human rights defenders. Freedom of expression and freedom of association remained fundamental tools for human rights defenders. Norway noted the need to step up efforts to fight impunity, intensify work on defending and promoting the rights of women and the need to hold governments responsible to their commitments to support strengthening the Office of the High Commissioner.

VETURLIDI THOR STEFANSSON (Iceland) said that the world lived in an era characterized by both great opportunities and challenges. With globalization and new issues on today's international agenda, there was a need for strong multilateral cooperation. The promotion and protection of all human rights was one of the central duties of the international community today and was one of the main pillars of the foreign policy of Iceland. No country had a perfect human rights record and Iceland was no exception. All countries needed to work constantly and self-critically to address their shortcomings and do better for the promotion and protection of human rights and fundamental freedoms.

VERONIKA STROMSIKOVA (Czech Republic) said that the Czech Republic fully aligned itself with the statement of France on behalf of the European Union. The Office of the High Commissioner for Human Rights had, since its establishment, become the voice of the most vulnerable, the voice of victims of human rights violations and a courageous and enduring force in the defence of human rights against all types of violations. The exemplary work of the High Commissioner's predecessors and of the Office had brought many tangible results in the realization of human rights for people in the broadest possible range of situations from the mundane to the life-threatening. Be they women, children, human rights defenders, members of minorities, or persons with disabilities, all have benefited tremendously from the endeavours of the Office of the High Commissioner for Human Rights. The Czech Republic welcomed the breadth of experience the High Commissioner brought to the current mandate as well as her distinguished record as a lawyer, judge, scholar and leader. The Czech Republic continued to support in the strongest terms her mandate as well as the independence of her Office.

ENZO BITETTO GAVILANES (Venezuela) warmly welcomed the new High Commissioner and expressed confidence in her leadership which would ensure multilateralism and respect for the international laws. It was important to continue discussions about the relationship between the Council and the Office of the High Commissioner. The world suffered from systemic economic and financial crises, pushing people, particularly in Africa, Latin America and Asia, deeper into poverty. This crisis negatively impacted the human rights of people, particularly economic, social and cultural ones, and put at risk achievements of the Millennium Development Goals. The world lived in a time of worsening inequalities, food insecurity, in short, a time of increasing injustice. This had to be denounced in this arena and they must not remain indifferent in front of the massive deterioration of human rights.

DAITHI O CEALLAIGH (Ireland) congratulated Justice Navi Pillay on her appointment as UN High Commissioner for Human Rights and warmly welcomed her to her new role. Her record made her an eminently suitable choice as High Commissioner and she had demonstrated her unwavering dedication to the defence and promotion of human rights. Ireland regarded the Office of High Commissioner as crucial for the functioning of the United Nations. It was imperative that the Office was properly resourced and Ireland was proud to be the third largest per capita contributor to the Office, since it attached big importance to the Office. Against the background of the solving of the Northern-Ireland-conflict, Ireland and Great Britain were well aware how important human rights protection was in times of deep division and conflict.

RAJIVA WIJESINHA (Sri Lanka) was pleased to welcome the High Commissioner and looked forward to fruitful cooperation with her, in particular on the follow up to the Durban Conference. Racism continued to be a corrosive influence on people in many societies and Sri Lanka hoped that under the guidance of the President and with the experience of the High Commissioner, the Council and the Office of the High Commissioner would be able to alleviate at least some of the suffering. Sri Lanka supported the efforts of the High Commissioner at home and also through the indefatigable efforts of the Permanent Mission in Geneva. Sri Lanka had recognized the need for improvement in the human rights situation in the country, and looked forward to assistance from the High Commissioner to take positive action. It was difficult in the context of the struggle against terrorism, as so many countries realized, to maintain the high standards set by all the members of the Council. Nowhere else in the world were free health and educational services provided in such situations, so it was particularly heartening that, when there was much concentration on other aspects, the High Commissioner made specific mention of the benefits of housing, health care, education and opportunity, benefits that Sri Lanka had been striving to extend to all their citizens. They had long been requesting such assistance and placed trust in the hands of the High Commissioner to make this a reality.

ABDUL GHAFOOR MOHAMED (Maldives) sincerely congratulated the President of the Human Rights Council on his assumption of his post and welcomed the new High Commissioner for Human Rights. The Maldives Government was appreciative of the assistance that the Office of the High Commissioner for Human Rights extended in their journey towards more robust liberal democracy and the reform programme. The Maldives looked forward to further cooperation with the Office of the High Commissioner, particularly in the context of resolution 7/23 on human rights and climate change. The Maldives ratified its new Constitution in August 2008, which marked a milestone in the country's history as it incorporated for the first time a bill of rights fully in line with the international human rights instruments.

ALI CHERIF (Tunisia) said that Tunisia was proud to see an African woman as High Commissioner for Human Rights and was sure that her experience and her knowledge of the realities in the continent were the best way to ensure fruitful cooperation. Tunisia wanted to reaffirm its commitment to the promotion and protection of human rights to ensure global and universal acceptance of civil, political, economic, social and cultural rights, including the right to development. Tunisia expressed its wish to work with the High Commissioner to promote respect for human rights.

DINESH BHATTARAI (Nepal) warmly welcomed the new High Commissioner for Human Rights on her assumption of the Office. Updating the Council on the historic political transformation that had taken part in Nepal, he said that the endogenous peace process that started in 2006 following the success of the People's Movement provided a rare example of peaceful transition from over a decade long armed conflict towards peace, stability and democracy. The most important step in the peace process was the election of the Constituent Assembly, which was held in April of 2008. In its first sitting on May 28, the Assembly formally transformed the country from a century old monarchy into a federal democratic republic. The peace process had transformed the Communist Party of Nepal (Maoist) into a constitutional political party which now headed the democratically elected Government in the country. The main priorities of the Government included bringing the peace process to a logical end, writing a democratic constitution and promoting socio-economic development. The completion of each step of the peace process had consolidated the process of change in the country.

YAHYA SALIM HAMED AL-WAHAIBI (Oman) welcomed the new High Commissioner for Human Rights. Her experience in the promotion and defense of human rights would enable her to carry out her tasks in the best possible way. Oman welcomed the efforts of the Office of the High Commissioner for Human Rights to uphold human rights in many areas of the world. The Human Rights Council was the forum in charge of fostering human rights and thus was a responsibility of all. The many important items that were on the agenda of this Council's session needed to be carried out with transparency and in a spirit of cooperation.

JOHN UKEC LUETH UKEC (Sudan) welcomed the High Commissioner for Human Rights. South Africa had taught the world about commitment to human dignity and this was done in a very dark era. The world could not forget the atrocities and horrors that occurred in this period. South Africa had provided the world with a lesson of reconciliation so as to build the future. It was a pleasure to inform the Council that in Sudan, a comprehensive peace agreement that was concluded in 2005 and which contained a specific section on human rights, was currently being applied. Sudan hoped that it would achieve the expectations that people had in it. Sudan had conducted a census in all of the country this year. This was a condition sine qua non in the peace agreement which paved the way for free elections under international observation. The democratic exercise of power in Sudan was stipulated by the peace agreement and this was what the Government was trying to do.

VIJAVAT ISARABHAKDI (Thailand) said that Thailand strongly believed that drawing upon the High Commissioner's vast experience in the field of human rights would provide her with both the will and the impetus in the common efforts to advance the cause of human rights worldwide. Thailand fully supported the High Commissioner in fulfilling her mandate. The Office of the High Commissioner and the Human Rights Council were both instrumental parts of the global human rights architecture. For this reason, a close relationship between the two organs was of the utmost importance. Each had its respective role to play, which had to be mutually reinforcing. Thailand hoped to enhance the interaction and consultation between the Office of the High Commissioner for Human Rights and the Human Rights Council. The key to such a relationship was to promote increased consultations between these two important bodies, while continuing to respect one another's mandate and independence. While much had been said about the international human rights instruments, one thing had been missed in the debate, which was the importance of the regional initiatives. There had clearly been an emerging trend towards sub-regional and regional cooperation in the realm of human rights to complement the work of the international human rights architecture.

ALEX VAN MEEUWEN (Belgium) said Belgium looked forward to active cooperation with the High Commissioner for Human Rights. Belgium was attached to preserving the mandate of the High Commissioner and its independence and impartiality, which was essential for the promotion and protection of human rights. Belgium welcomed the role the Office of the High Commissioner played in supporting the human rights monitoring mechanisms within the United Nations, such as the Special Procedures and the Universal Review Process. Belgium confirmed its support to the financial independence of the Office of the High Commissioner and would increase the “non-earmarked” portion of its voluntary contributions. As evidence of its commitment to the promotion and protection of human rights, Belgium had presented its candidature for a seat in the Council in 2009.

MOHAMMED LOULICHKI (Morocco) said that over the last three years of the existence of the Council, a foundation had been laid. Human rights should not be used as a ploy for political goals in this new body. Morocco attached special importance to the dialogue between different cultures and civilizations destined to promote a better understanding of the others and this would lead to a mutual enrichment rather than to a nourishment of antagonism. Morocco would continue with the Swiss delegation and other interested delegations to further study the idea of a draft declaration on human rights education by the Council.

LIBERE BARARUNYERETSE. of the Organisation Internationale de la Francophonie, said that the Organisation Internationale de la Francophonie was a transcontinental organization and was actively working with the Office of the High Commissioner for the promotion and defense of human rights. In that respect they could only welcome what was already achieved of the ambitious agenda during 2007 and 2008 in the three priorities: implementation of international instruments, the prevention and settlement of conflicts and the fight against discrimination. The organization would like to continue their fruitful trans-regional dialogue and the implementation of measures for the promotion and protection of human rights.

CISSY HELEN TALIWAKU (Uganda) said that Uganda associated itself with the statements made by Egypt on behalf of the African Group, Cuba on behalf of the Non-Aligned Movement and Pakistan on behalf of the Organization of the Islamic Conference. Uganda welcomed High Commissioner Navi Pillay and congratulated her upon her recent appointment. As a woman from the African continent, a human rights defender, a judge with an outstanding track record and a jurist, she was in the right place and made the Ugandan Government proud. Uganda supported the High Commissioner in advocating for a human rights system that was effective and devoid of racial or gender discrimination and all other forms of intolerance and inequality. So many conflicts all over the world continued where the most vulnerable groups - women and children - suffered untold abuses and discrimination. Women had a crucial role to play in development, peace and security and yet they continued to suffer injustice, sexual abuse as well as having to bear the brunt of war in their attempt as mothers and providers to hold families together. This role was further complicated by untold poverty, hunger and diseases like HIV/AIDS, Tuberculosis and Malaria which especially ravaged the African Continent. Further, Uganda expressed the importance of supporting the Durban Review Conference and looked forward to working with the High Commissioner.

ASADOLLAH ESHRAGH JAHROMI (Iran) congratulated the President on his election and extended a warm welcome and sincere congratulations to the High Commissioner for Human Rights. The sixtieth anniversary of the adoption of the Universal Declaration of Human Rights provided an ample opportunity to assess the achievements and shortcomings, with a view to address challenges in a comprehensive manner. While celebrating this anniversary, the plight of the Palestinian people should not be forgotten. Iran considered the Universal Periodic Review as the innovative mechanism of the Human Rights Council and an appropriate tool to address human rights situations globally. Last year Iran hosted a Non-Aligned Movement Ministerial Meeting on human rights and cultural diversity, in which Member States renewed their commitment to promote and protect human rights and fundamental freedoms. This meeting also provided a platform to lay greater emphasis on the importance of respect for culture as one of the fundamental human rights and explored all avenues for further enrichment of the universality of human rights. The international community needed to take concrete measures to realize, inter alia, the right to development, eradicate poverty, underdevelopment, marginalization, injustice, occupation and aggression.

CHRISTIAN STROHAL (Austria) said that the creation of the Office of the High Commissioner for Human Rights was one of the milestones of the Vienna World Conference on Human Rights in 1993. Fifteen years later, the Office had grown to be the fully operational centerpiece of the UN system, active throughout the world. Its operations supported the implementation of global standards at the local level around the world. The issue of global standards and local action was also the subject of an international expert conference in commemoration of the World Conference, organized by the Government of Austria only a few days ago. They would report on its outcome later during this session.

YAKDHAN EL HABIB (African Union) said that the African Union aligned itself with the statement made by Egypt on behalf of the African Group. The African Union warmly welcomed and congratulated Navi Pillay for her appointment as the new High Commissioner for Human Rights. This prestigious nomination was an honour for the whole of the African continent and she was now continuing her noble work in the promotion and protection of human rights. The Office of the High Commissioner for Human Rights had always been a strategic partner of the Commission of the African Union to promote and protect human rights and provide a solid basis for this work. They looked forward to active cooperation on the difficult tasks ahead of the High Commissioner.

ISABELLE SCHERER, of International Service for Human Rights, on behalf of severals NGOs1, said that mainstreaming human rights into all parts of the United Nations system was a huge task. They encouraged the High Commissioner to provide expert human rights advice and recommendations to all relevant bodies and organizations and in particular to the Human Rights Council. They also believed that consultation and open dialogue with governments, national human rights institutions, non-governmental organizations and civil society at large in fulfilling the broad and independent mandate of the High Commission would contribute to the effectiveness of her Office.

JOHN FISHER, of European Region of the International Lesbian and Gay Federation (ILGA-EUROPE), in a joint statement with Canadian HIV/Aids Legal Network; Lesbian and Gay Federation in Germany; and Center for Women's Global Leadership, said that the Association joined all those who had expressed their strong support to the High Commissioner as she assumed her new office. They shared her vision of a world in which every person lived in dignity, and enjoyed all human rights free from discrimination. And yet, even today there remained all too many groups and individuals who continued to struggle for recognition of their most basic rights to dignity, equality and non-discrimination. The former High Commissioner had identified sexual orientation and gender identity issues as human rights concerns of ongoing priority. Numerous United Nations Special Procedures had documented extensive human rights violations on these grounds in all regions of the world, including violence, sexual abuse, denial of rights to peaceful assembly and expression, arbitrary detentions, torture, killings, discrimination and denial of economic, social and cultural rights.

SARDAR AMJAD YOUSAF, of International Human Rights Association of American Minorities, in a joint statement with International Islamic Federation of Student Organizations; and World Muslim Congress, said that they were looking forward to the High Commissioner addressing all human rights issues, abuses and situations in a non-politicized and even handed manner. The worst human rights abuses were the ones which had the element of States' involvement and continued denial of the right to self-determination. The people of Kashmir had been fighting the scourge of apartheid practiced by the Indian regime for the last 60 years. Despite relevant Security Council resolutions, the yoke of slavery continued to rest on their shoulders. They were being subjected to some of the worst forms of human rights through state apparatus of Indian Occupation forces. The Association put faith in the High Commissioner's honesty and promised to deal with all human rights situations with impartiality and without political consideration.

BIRO DIAWARA, of Mbororo Social and Cultural Development Association (MBOSCUDA), in a joint statement with Interfaith International, welcomed the appointment of the High Commissioner for Human Rights who was a colleague engaged in favour of children and women around the world. The African continent had been ravaged by many years of human tragedies and massive violations of human rights. There were now two Africans, the High Commissioner and the President of the Council, and the eyes of the international community were now fixed on them to know how they would use their knowledge, experience and resources to deal with challenges of human rights today. They would like to assure their support and also counted on the High Commissioner's support to ensure the engagement of non governmental organizations in the process.

JULIE DE RIVERO, of Human Rights Watch, said that Navi Pillay's assumption of the role of High Commissioner had come at a crucial time for human rights within the United Nations system and in the world. The Office of the High Commissioner for Human Rights was confronted with a challenging array of attacks not only on human rights, but on the human rights legal framework. The struggle to combat terrorism had been used to justify a frontal assault on some fundamental human rights, including the prohibition of torture and cruel, inhuman and degrading treatment. The right to free expression was also under attack from those who wanted to curtail speech as part of counter-terrorism strategies, while legitimate concerns about threats or discrimination against religious groups had led to a campaign aimed at blocking “defamation of religions” that also endangered freedom of speech and belief.

CURTIS DOEBBLER, of North South XXI, congratulated the President on his appointment and warmly welcomed the High Commissioner and her statement on the Durban Review Conference, and the support she expressed for the involvement of civil society. North South XXI hoped the High Commissioner would assist civil society organizations in obtaining financial support for their participation in the process and attendance of the Conference. The dire human rights situation in Iraq remained outside of the Council's agenda. North South XXI suggested that the High Commissioner should use her good offices to bring it to the attention of the Council. The sixtieth anniversary of the Universal Declaration of Human Rights was an opportunity to examine the long-standing human rights situations confronting the world, some of them preceding the adoption of the Universal Declaration of Human Rights. The right to self-determination was still denied to some people.

LUKAS MACHON, of the International Commission of Jurists, said that the system of Special Procedures of the Human Rights Council was in need of effective support by the Office of the High Commissioner for Human Rights and greater coordination among mandate holders. The credibility of the Council also largely depended on the Universal Periodic Review mechanism and the Office's support to it. Regrettably, the Universal Periodic Review had suffered from a lack of cooperation by some of the reviewed States. Objections to a meaningful cooperation with civil society were unacceptable. In countries where human rights violations were acute or chronic, the Office's field presence helped boost the national protection systems.

SYBILLE RUPRECHT, of the Commission to Study the Organization of Peace, said that terrorism had been an ubiquitous phenomenon in South Asian countries before it hit the United States in a grievous and dramatic fashion on September 11, 2001. These countries had been the victims of one or more of the following forms of terrorism: as a part of the Al-Qaeda network; arising out of religious fundamentalism; brought about by structural factors such as extreme and large scale poverty, glaring inequality, prolonged and gross forms of injustice; and as a result of the general collapse of law and order. Terrorism was now taken to be any premeditated and unlawful act of violence against innocent people or non-combatants, irrespective of its cause of motive.

STEPHANE CICCOLI, of the European Union of Public Relations, welcomed the High Commissioner and noted that one of the concerns today was the fight against fundamentalism and terrorism. The European Union of Public Relations had been cautioning governments about this problem for 10 years now. Some countries allowed their territory to be used by terrorist groups, which represented a problem for the world. In their fight against terrorism, the international community had to draw the programme of transforming a country in question into a peaceful one, where calls to, inter alia, jihad, killing of Christians or Americans, etc, would not be heard.

DAVID LITTMAN, of Association of World Citizens in a joint statement with International Humanist and Ethical Union, said that the High Commissioner would personify the expectations of civil society. It was now time for the Council to resolve not to make any further concessions that weakened the principle of dignity and justice for all. The universal standards of the United Nations should be upheld and not watered down by cultural relativism or special pleading.

HILLEL NEUER, of United Nations Watch, extended warm greetings to the new High Commissioner for Human Rights. They eagerly looked forward to working in cooperation with the High Commissioner to fulfil the human rights principles and guarantees of the United Nations Charter and of the Universal Declaration of Human Rights in these common causes. United Nations Watch joined in the statements made by Pakistan on behalf of the Organization of the Islamic Conference, Egypt on behalf of the African Group, and Cuba for the Non-Aligned Movement. They urged the need to look at the root cause, which was the attempt by certain States to misuse the language and terminology of the anti-racism cause for political ends. The High Commissioner praised the Abuja Conference as productive; however its outcome declaration breached the principles of the Universal Declaration of Human Rights by criticizing free speech, in paragraph 13, and breached the non-selectivity principle by singling out the Palestinian situation, in paragraph 32.

1Joint statement: International Service for Human Rights; Franciscans International; Friends World Committee for Consultation (Quakers); Association for the Prevention of Torture; and Baha'i International Community.


For use of the information media; not an official record

HRC08087E