HUMAN RIGHTS COUNCIL HOLDS GENERAL DEBATES ON REPORTS BY THE SECRETARY-GENERAL AND THE HIGH COMMISSIONER AND ON PROTECTING ALL HUMAN RIGHTS

The Human Rights Council this afternoon held a general debate on a series of reports by the United Nations Secretary-General and the High Commissioner for Human Rights and her Office, among which was a report by the Joint Inspection Unit concerning geographical representation among staff in the Office. It then held a general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development.

The presentation of the reports and their summaries can be found in press release HRC/09/106 of 18 September 2009,

In the course of the discussion on the reports submitted to it, speakers said that with regard to the report of the Joint Inspection Unit, there was a dire need for maintenance of geographic balance in the composition of the staff of the Office of the High Commissioner, as statistics showed that more than 56 per cent of the posts in the Office were occupied by nationals of a single region. The Office of the High Commissioner for Human Rights employees must elaborate various reports required by the Council, provide support to countries and execute many other important and sometimes sensitive tasks. The Office must therefore be representative of different nations, cultures, religions, and schools of political thoughts. It was of key importance that efforts to improve the regional representation were balanced with efforts to improve equitable geographic distribution, including to address the problems of under-represented countries as well as unrepresented countries, and when putting in place measures to improve the geographical diversity of staff, it was important that these were transparent and predictable.

The report on the right to truth focused on two elements that were very important for the realisation of this right, speakers said, including witness protection. This was a very important right, allowing victims to know the truth about violations, the identity of perpetrators and the circumstances in which the violations occurred. The Human Rights Council should tackle this fundamental topic in combating impunity and adopt initiatives on this fundamental right, which was complementary to the right to access to justice and the right to reparations. It was an indispensable right for the functioning of democracy, in that it linked to the right to access to information. The report rightly pointed out the importance of a legal framework to guarantee access to information pertaining to past conflict and transitional justice processes. Finally, for the near future it was necessary to recognize that the Council was the most effective mechanism in this regard.

Enrique Roman-Morey of the Joint Inspection Unit said the importance of the work conducted by the High Commissioner herself and her Office needed to be recognized. The Joint Inspection Unit had also taken note of each of the preoccupations and recommendations, and these would be incorporated in the review of these issues. Regarding the issue of mobility, Mr. Roman-Moray said that the Joint Inspection Unit was currently conducting a system-wide report on the mobility of United Nations staff, which was strictly related to the geographical distribution of its staff.

Carl Ward of the Office of the High Commissioner for Human Rights said that a number of delegations today made a reference to a Strategic Management Plan of the Office of the High Commissioner for Human Rights and he said that the document in question was in fact the Strategic Framework. The former High Commissioner had indicated last year, and Ms. Pillay had concurred, that this document would be shared with the Council in its draft form. The next Framework was due next year and would cover the strategic direction for the following biennium.

Speaking on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, speakers said, among other things, that at the time of economic and financial crises, violations of economic, social and cultural rights became more severe. It was essential for these rights to be given equal status in comparison with civil and political rights. Right to development criteria should be developed by the high level task force of the Working Group on the right to development, and be completed at the earliest to create a meaningful mechanism to the implementation process. The present crisis had once again proven the need for policy space for developing countries to exercise the right to development when such challenges occurred. Special attention needed to be given to developing countries and least developed countries as it was clear that these had been most affected by the crisis.

On the right to self-determination, speakers said that breach of an obligation arising out of recognition of the right of peoples to self-determination constituted an international crime that gave rise to an international responsibility towards States which infringed their legal duties in the matter, and the Council had the responsibility to actively pursue this fundamental human right of people. On freedom of expression, speakers said this was a fundamental right that was essential for the realisation and protection of other fundamental rights and freedoms, and was essential for fostering mutual understanding and tolerance, democratic processes, good governance and conflict resolution, as well as economic development. Racism and discrimination affected all countries, and were not confined within the borders of any one country. This global problem required a global solution, and the international community should work towards that end.

Speaking this afternoon were Nigeria for the African Group, Pakistan for the Organization of the Islamic Conference, Sweden for the European Union, Tunisia for the Arab Group, Slovenia for Platform for Human Rights Education and Training, Colombia for the Group of Latin American and Caribbean Countries, Uruguay for the Common Market of the South (MERCOSUR), Egypt for the Non-Aligned Movement, India, Brazil, Norway, Cuba, Indonesia, Russian Federation, Bangladesh, United States of America, Argentina, Uruguay, Chile, China, South Africa, United Kingdom, Mexico, Sri Lanka, Algeria, Switzerland, Israel, Timor-Leste, Azerbaijan, Peru, Dominican Republic, Pakistan, Italy, Slovenia, Senegal, Bosnia and Herzegovina, Gabon, Ghana, United States, Angola and Burkina Faso.

Speaking were the following National Human Rights Institutions: Provedoria dos Direitos Humanos e Justica de Timor-Leste, Africa Network of National Human Rights Institutions, Conseil Consultatif des Droits de l'Homme du Maroc, and European Group of National Human Rights Institutions.

Also speaking were Soka Gakkai International, Fundacion para La Libertad, Human Rights First, Colombian Commission of Jurists, Permanent Assembly for Human Rights, Cairo Institute for Human Rights Studies Amnesty International, and Society for Threatened Peoples.

The next meeting of the Council will be on Tuesday 22 September at 9 a.m., when the Council is scheduled to conclude the general debate on the promotion and protection of all human rights, and begin a general debate on human rights situations that require the Council's attention.

General Debate on Reports Presented by the Secretary-General and the High Commissioner for Human Rights and her Office

MARTIN IHOEGHIAN UHOMOIBHI, (Nigeria), speaking on behalf of the African Group, said up until today, the Council had only succeeded in partially examining the reports of the Joint Inspection Unit, by limiting its discussions just to the aspect of the geographic distribution of staff of the Office of the High Commissioner for Human Rights. Unfortunately, it had not been able to discuss the other two major recommendations which were equally of great importance. The Council should be seized with all the reports of the Joint Inspection Unit, and having had the opportunity to discuss the reports of 2006 and 2009, it was only logical that it should also consider the 2007 report. All Joint Inspection Unit reports should be deliberated upon by the Council to enable it to arrive at informed and enduring conclusions. On the report before it today, the African Group wished to observe that there was a dire need for maintenance of geographic balance in the composition of the staff of the Office, as statistics showed that more than 56 per cent of the posts in the Office were occupied by nationals of a single region. The Human Rights Council should encourage more Member States to promote sponsoring of candidates from developing countries in the framework of the Associate Experts Programme. The dialogue between the Office and the Council should be continued to iron out clearly the areas of their responsibilities. The Council should consider carefully all the recommendations in the reports in order to strengthen the Council and to clearly demonstrate its commitment to the equal protection and promotion of the human rights of all peoples.

MARGHOOB SALEEM BUTT (Pakistan), speaking on behalf of the Organization of the Islamic Conference, welcomed the report of the Joint Inspection Unit. It established the formal contact between the Joint Inspection Unit reports and this Council, as these two had become de-linked since the last presentation in 2006. The present report was yet another objective analysis of the question of the equitable, geographical representation of the Office of the High Commissioner for Human Rights and the Organization of the Islamic Conference endorsed its useful recommendations. The Organization of the Islamic Conference however would like to point out that the report highlighted that over fifty per cent of the staff of the Office of the High Commissioner was from one single region, that the competence criterion must not be an excuse to discard representations from developing world, that undue advantage to a candidate due to his/her previous engagement with the organization must be discouraged, and that the High Commissioner should issue a roadmap to achieve the desired geographical balance, among others.

ABDELWAHEB JEMAL (Tunisia), speaking on behalf of the Arab Group, said the Council should be briefed on all the reports prepared by the Joint Inspection Unit on geographical distribution of the staff of the Office of the High Commissioner for Human Rights, as well as financing of its work. The former High Commissioner and the current one had approved the fact that they were going to present a strategic plan to the Council over the next two years. The Secretary-General had requested the Human Rights Council to review the report of the Joint Inspection Unit of 2006 on the lack of geographical balance. Since the Council was already notified of the reports of 2006 and 2009, it should also be notified of the report of 2007 so that it could express its opinion. The Arab Group attached particular importance to the question of an equitable geographical distribution of the staff of the Office of the High Commissioner. The High Commissioner should annually present a list of the under- or over-representation of nations, so that this could be taken into account in the participation in national exams. There should be an action plan and deadline to deal with the current imbalance. Staff from the over-represented countries should not be increased. It was incumbent on the High Commissioner to rectify the situation.

ANDREJ LOGAR (Slovenia), speaking on behalf of the Platform for Human Rights Education and Training), said that the Platform would put forward a draft resolution during this session of the Human Rights Council, in order to define the focus of the second phase of the World Programme for Human Rights Education and welcomed the related report of the Office of the High Commissioner for Human Rights. The Platform hoped all member and observer States would extend their valuable support to this draft resolution. The World Programme was an important and effective initiative and encouraged all United Nations Member States to continue their engagement on its implementation and evolution. The focus of the second phase should be on the human rights education for higher education and school teachers and educators, together with civil servants, law enforcement officials and the military at all levels. The Platform would continue promoting the drafting of the United Nations Declaration on Human Rights Education and Training.

ALVARO ENRIQUE AYALA MELENDEZ (Colombia), speaking on behalf of the Group of Latin American and Caribbean Countries, with regard to the report of the High Commissioner for Human Rights on human rights education, said the Group of Latin American and Caribbean Countries welcomed the contribution of all States that had contributed to the development of this document. It also welcomed the great interest shown by these and other role players which highlighted the importance of continuing efforts in the field of human rights education. The Group of Latin American and Caribbean Countries also encouraged all States to continue their input to the elaboration process. Regarding the report on the right to truth, the Group of Latin American and Caribbean Countries attached importance to the right to truth. The new report dealt with two issues that were closely connected to truth, namely the effective protection of the right to truth and the preservation of records. Populations had in fact the right to access records, as for the protection of witnesses it was particularly important to determine the truth and establish justice. The Group of Latin American and Caribbean Countries acknowledged efforts that were ongoing and had led to the design and implementation of such programmes. It also wished to point to the need to have guidelines in this regard with a view to guide States in these efforts.

MARIA LOURDES BONE (Uruguay), speaking on behalf of the Common Market of the South (MERCOSUR), said the new report on the right to truth focused on two elements that were very important for the realisation of this right, including witness protection. This was a very important right, allowing victims to know the truth about violations, the identity of perpetrators and the circumstances in which the violations occurred. The MERCOSUR countries shared experience, information and joint initiatives on these topics in a special Working Group within the framework of the High Competent Authorities on Human Rights. It was important to have consolidated information archived so that it was standardised. Taking this report into account, in the near future it would be appropriate to promote information and best practices in this area, taking into account initiatives taken nationally and regionally, as this would allow to supplement the information contained in the report.

CHRISTOPHER BERG (Sweden), speaking on behalf of the European Union, welcomed the report on the human rights situation in the countries in which the Office of the High Commissioner for Human Rights operated. The report on Liberia mentioned some progress made, but much still remained to be done, especially with regard to the justice sector and sexual and gender-based violence. The reported disturbing trends in Burundi caused apprehension and the European Union called on the Government of Burundi to implement many positive initiatives it had put forward to address human rights violations, social insecurity and impunity. The dialogue established between the Government of Cambodia and the Office of the High Commissioner for Human Rights country office in Cambodia was noted with appreciation and the European Union hoped the new agreement would be signed at an earliest convenience. The Council had come a long way in integrating human rights of women throughout its work and more could be done in terms of cooperation and coordination with the United Nations system. Women must be seen as rights-holders and not as a vulnerable group in need of protection, assistance and care. The European Union welcomed the report of the Secretary-General on the death penalty and took note of some positive developments, but was still concerned about the Secretary-General’s comment that analysis of the application of the death penalty remained difficult because of the lack of transparency by States in providing information.

AMR ROSHDY HASSAN (Egypt), speaking on behalf of Non-Aligned Movement, said that the issue of staffing of the Office of the High Commissioner for Human Rights had always been of particular importance to the Non-Aligned Movement. The overall picture remained unsatisfactory and the percentage of employees coming from Non-Aligned Movement remained far less that what it should be according to the rule of equitable geographic representation. Thus far no tangible progress had been made in implementation of a zero-growth cap on the representation of countries already overrepresented. The Non-Aligned Movement called on the High Commissioner to prepare an action plan aimed at reducing the current imbalance and indicating specific targets to be achieved and to present such an action plan to the Council and the Joint Inspection Unit for consideration during the March session.

SANJEEV KUMAR SINGLA (India) said India shared the three recommendations made at the end of the report of the Joint Inspection Unit, but it did not share the assertion in paragraph 27 that “the efforts made by the current High Commissioner and the Office of the High Commissioner for Human Rights should be recognized by the Council as complying with the Joint Inspection Unit recommendations on improving geographical diversity”. This was because it was clear that the Office of the High Commissioner for Human Rights still did not have specific deadlines to reduce the imbalance in geographical distribution of staff. Another reason for India’s disagreement in this regard was that the observation by the Office of the High Commissioner of the spirit of the Joint Inspection Unit recommendation could be assessed only once the results of the examination could be released by the Office of the High Commissioner. India requested that the Joint Inspection Unit share more detailed information regarding the equitable representation of women staff of the Office of the High Commissioner for Human Rights and that the Joint Inspection Unit provide information on the need to enhance the mobility of the Office of the High Commissioner for Human Rights staff.

BEATE STIRO (Norway) said with regards to the report of the Joint Inspection Unit, it was of key importance that efforts to improve the regional representation were balanced with efforts to improve equitable geographic distribution, including to address the problems of under-represented countries as well as unrepresented countries. Norway remained underrepresented in the Office of the High Commissioner for Human Rights, and this was of concern. Lack of participation in the daily work of the Office could in the long run impact negatively on the engagement and willingness of the Norwegian people to maintain this high level of contribution. In this context, Norway would advise against unbalanced efforts to improve regional balance that would make it even harder for under-represented countries to be equitably represented. The special attention paid to gender balance was appreciated, but the Office needed to work harder on this measure. When putting in place measures to improve the geographical diversity of staff, it was important that these were transparent and predictable.

RESFEL PINO ALVAREZ (Cuba) appreciated the steps taken by the High Commissioner for Human Rights to attempt to resolve the egregious geographical imbalance among the employees of her Office. Progress had been made since 2006, nevertheless over half of the employees of the Office still came from Western European and other countries, which had more representation than the whole world taken together. Cuba agreed with the Joint Inspection Unit that this clear imbalance was a problem that could only be resolved with decisive and stringent management measures. Cuba was concerned that, despite the various resolutions of this Council and the Joint Inspection Unit recommendations, the Office continued to work without adopting clear measures to address this situation. When they tackled the question of the equitable geographical representation, it was in order to strengthen the legitimacy of the Office, which needed to be representative of all. The Office of the High Commissioner for Human Rights employees must elaborate various reports required by the Council, provide support to countries and execute many other important and sometimes sensitive tasks. The Office must therefore be representative of different nations, cultures, religions, and schools of political thoughts.

DERSRA PERCAYA (Indonesia) said that Indonesia welcomed the report by the Joint Inspection Unit and thanked the High Commissioner for her detailed report on the actions of her Office. Indonesia took note that eight of the ten recommendations made in relation to the management of the Office of the High Commissioner for Human Rights had been satisfactorily implemented. Nevertheless, progress on the two recommendations related to the geographic distribution of staff remained to be seen. In fact, certain countries were still very much under-represented and it was thus imperative that the Office redressed this and embarked on concrete action to improve geographical diversity in the final selection of staff for recruitment. However, due attention needed also to be given to competence, qualifications and merit need. Indonesia also urged the High Commissioner and her Office to increase their interaction and cooperation with the Human Rights Council with a view to improve geographical distribution of staff. This implied that sufficient monitoring of the mechanisms of staff appointments took place so as to ensure compliance with the mandates of the United Nations General Assembly.

ROMAN KASHAEV (Russian Federation) said information contained in the Joint Inspection Unit report showed that in 2007-2008, some progress had been achieved in reaching a more equitable geographical balance, and this was welcome. Significant changes and progress could only occur if the leadership of the Office took decisive steps, taking into account the nature of the Office, which could not always be placed within the strict bureaucratic stricture of the United Nations. This was directly linked to the effective nature of the work of the Office. There should be an annual presentation by the High Commissioner on efforts to improve the geographical representation, including deadlines, efforts, and trends. She should inform the Human Rights Council about obstacles faced in resolving these issues.

MUSTAFIZUR RAHMAN (Bangladesh) said the report submitted by the Joint Inspection Unit must be taken seriously by this Council. A number of recommendations had been made and the report and those recommendations, together with other recommendations previously made, must be implemented. This would strengthen the Council’s relationship with the Office of the High Commissioner for Human Rights and help protect human rights worldwide. The Office and the Council must work in synergy. Looking into the activities of the Office did not affect the independence of the High Commissioner. The equitable representation of countries in the Office remained an unresolved issue, first brought to their attention in 2006. Bangladesh acknowledged the sincere intentions of the High Commissioner to address the issue, but the pace must be accelerated. A road map with specific targets should be fixed. Without concrete measures age-old discrepancies in representation would be difficult to correct.

SEBASTIAN ROSALES (Argentina) said that Argentina was firmly committed to the right to truth and appreciated the work of the Office that centered on transitional justice. National efforts to maintain and consolidate and preserve archives made it possible to prosecute violators of human rights in Argentina. Argentina also had a victim prevention scheme and established a truth and justice programme to investigate the grave violations of human rights that had occurred thirty years ago. Further, the Argentinean congress was currently discussing a draft law on victim protection. Finally, for the near future it was necessary to recognize that the Council was the most effective mechanism in this regard.

MARIA LOURDES BONE (Uruguay) said the report on the right to truth, particularly the recommendations on archives, gross human rights violations, and witness protection, was welcome. The Human Rights Council should tackle this fundamental topic in combating impunity and adopt initiatives on this fundamental right, which was complementary to the right to access to justice and the right to reparations. It was an indispensable right for the functioning of democracy, in that it linked to the right to access to information. In general terms, Uruguay supported the recommendations and conclusions in the report, and hoped they could be systematised into a format which would provide unequivocal reference in this matter.

RODRIGO DONOSO (Chile) disassociated itself from the statement made by Egypt on behalf of the Non-Aligned Movement with regard to the Joint Inspection Unit report. Chile acknowledged the efforts of the High Commissioner and said that she should have the autonomy in fulfilling her mandate and activities.

YAO SHAOJUN (China) said China welcomed the report of the Joint Inspection Unit. It was however extremely concerned with the imbalances of the staff of the Office of the High Commissioner for Human Rights, especially that over fifty per cent of staff was from one region. This was a discrimination and a negation of competent staff from other regions. China hoped that the High Commissioner executed the three recommendations of the Joint Inspection Unit and wished that the High Commissioner came up with a corresponding agenda and updated the Human Rights Council regularly on this issue.

KGOMOTSO DAPHNE RAHLAGA (South Africa) said the progress that had been achieved to improve the equitable geographical distribution of the staff of the Office of the High Commissioner for Human Rights was appreciated, and in particular the efforts of the High Commissioner to correct this imbalance. South Africa was keen to hear more on the implementation of the recommendations in the 2007 report, which had not been presented to the Council. There was concern that the High Commissioner had not endorsed an undertaking made by her predecessor to submit on a voluntary basis her Strategic Management Plan to the Council prior to its finalisation. Both the Council and the Office would benefit from such a discussion, particularly as it related to the adequacy of resources required for the proposed projects and activities of the Office.

MELANIE HOPKINS (United Kingdom) supported the efforts the High Commissioner had made to improve the geographical distribution of staff within her office and stressed that the General Assembly was the only competent body to address issues of administration, budget and human resources. It was highly inappropriate for this Council to oversee the Office of the High Commissioner for Human Rights on these issues and without legal basis. The paramount basis for the employment of staff in the United Nations should be the need to secure the highest standards of efficiency, competence and integrity, due regard being paid to the importance of recruiting the staff on as wide a geographical basis as possible.

SALVADOR TINAJERO (Mexico) said that Mexico thanked the United Nations High Commissioner for her report which referred to the protection of human rights in the context of the fight against terrorism. Mexico attached importance to the part of the report that dealt with economic, social and cultural rights and the importance of safeguarding these.

RAJIVA WIJESINHA (Sri Lanka) said that the Joint Inspection Unit report indicated a mindset that concentrated on the problems of the influential few, at the expense of the more pressing concerns of the rest of the world. Given that the Council should encourage diversity, there was also a case of providing statistics about the provenance of new entrants. Sri Lanka hoped the next report would present its statistics more consistently and indicate more forceful steps to ensure there would be progress on previous recommendations rather than a catalogue of reasons as to why the movement was so painfully slow.

IDRISS JAZAIRY (Algeria) said the Council had up to this date reviewed in a partial manner the reports of the Joint Inspection Unit, limiting its discussions to the geographical distribution of the Office, and had not been able to comment on the recommendations regarding the two other issues. The Council, being one of the bodies entrusted with the definition of the guidelines in the matter of the protection and promotion of human rights, should be systematically informed of the reports of the Joint Inspection Unit, including its financing and the interaction between the Council and the Office. The Council should also be able to express itself on the implementation of the recommendations contained in the report. The equitable geographical distribution of staff was crucial regarding the importance taken on by national and regional particularities, the diversity of historical, cultural and religious origins as well as different political, economic, and legal systems. The announcement of vacancies or of tests for recruitment should be sent directly to the Geneva diplomatic missions.

DANTE MARTINELLI (Switzerland) said, with respect to the High Commissioner’s report on the protection of human rights in the fight against terrorism, that Switzerland shared the High Commissioner’s view regarding the fact that the Committee 1267 needed to pay particular attention to the impact of sanctions on economic, social and cultural rights when listing a person or entity. Switzerland and other States last year had also suggested the establishment of an expert panel that was mandated by the Security Council so as to assist the Committee on Sanctions in the examination of requests for delisting. This could not only be a means to reinforce the legitimacy of the sanction procedures but could also help to better account for the preoccupation relating to an equitable process. Switzerland also thanked the High Commissioner for her analytical and rich report on human rights and transitional justice. One of the report’s conclusions was that the dimension of human rights in transitional justice should be better taken into account in the peace negotiations that were taking place. Switzerland was of the view that in this context it was however also necessary to consider the question of amnesty.

WAHID ABU-HAYA (Israel) said Israel had read with great interest the report of the High Commissioner on the protection of human rights and fundamental freedoms while countering terrorism and appreciated the interest in balancing the needs for States to combat the dangers of terrorism’s impact upon the human rights of innocent civilians and the challenge for counter-terrorism measures to preserve the rights of individuals, of minorities and other vulnerable groups. The role of the judiciary in reaching this balance was particularly important and Israel was proud of the openness of its Supreme Court to challenge actions or decision of the State that were perceived as limiting those important rights. While asking the questions about the impact of counter-terrorism measures, it was important to recognise that these concerns must be balanced with the most basic of rights, the right to the “inherent right to life” as provided in a number of international instruments. The rights of victims of terror attacks should be considered as well and their rights should stand before the consideration of States when balancing these difficult considerations.

JOAQUIM A.M.L. DA FONSECA (Timor-Leste) said Timor-Leste was convinced that the collection and archiving of materials relating to past conflicts and transitional justice institutions were both fundamental and complementary for discovering the truth and for registering the history of a nation. Transitional justice mechanisms should be assigned with this task right from inception. With regard to the High Commissioner's report on the right to truth, in Timor-Leste's experience, institution-based policies were useful to ensure information accessibility in the temporary absence of a law on access to information. The High Commissioner's report on transitional justice should see its analysis deepened to touch on issues such as effectiveness and adequacy of the Transitional Justice mechanisms which the Office of the High Commissioner for Human Rights had been supporting so far, taking into account the particular situation of each conflict and the circumstances under which the mechanisms were implemented.

HABIB MIKAYILLI (Azerbaijan) said that Azerbaijan attached great importance to the equitable geographic distribution of the staff of the Office of the High Commissioner for Human Rights. Azerbaijan was part of the underrepresented countries, but this could be remedied by the Office of the High Commissioner for Human Rights by putting in place a comprehensive time frame to tackle this issue. Azerbaijan believed that the equitable geographic distribution of its staff was one of the fields that needed to receive more attention by the Office, but if it took appropriate steps the Office of the High Commissioner for Human Rights could in fact improve this situation.

CARLOS ALBERTO CHOCANO (Peru) said that the Joint Inspection Unit report was particularly relevant for the Latin American region and for Peru. Regardless of the progress achieved so far, Peru agreed that the Office of the High Commissioner for Human Rights must continue efforts to achieve an ideal situation with regard to geographical representation. Presence of female staff in category D1 and P5 showed the imbalance that must be corrected. Recommendations included in the report, particularly with regard to setting the targets and deadlines, must be implemented.

JUAN MANUEL MERCEDES GRACIANO (Dominican Republic) said the efforts made by the High Commissioner to achieve geographic balance in the Staff of her Office were noted. The recommendations made by the Joint Inspection Unit were supported, including that the Human Rights Council should monitor selected countries in the programme for financing associated countries.

VALERIO XEMINES, of National Human Rights Institution of Timor-Leste, said the National Human Rights Institution of Timor-Leste was satisfied to see the intense work the Office of the High Commissioner for Human Rights had undertaken in the area of human rights and transitional justice. It nevertheless wished to share with the Council its concern over the lack of satisfactory solutions for transitional justice mechanisms that had already been implemented in Timor-Leste. The National Human Rights Institution of Timor-Leste would like to stress the limitation imposed by Timor-Leste’s law which stated that the National Human Rights Institution of Timor-Leste could not deal with human rights violations before the enactment of the law.

KATHERINA ROSE, of African Network of National Human Rights Institutions, commended the Office of the High Commissioner for Human Rights for the support provided to transitional justice programmes in more than 20 countries worldwide, including African countries. In some of the countries in Africa where the presence and interventions of the Office had led to considerable progress in the establishment of transitional justice programmes, national human rights institutions played pivotal role, such as in Kenya, and Burundi. The Network of African Human Rights Institutions would be holding its Seventh Conference of African National Human Rights Institutions in November 2009 and the theme would be “Peace and Justice: Role of National Human Rights Institutions”. The Network would also carry out gaps-analysis of African national human rights institutions to identify and recommend legislative proposals that would make them compliant with the Paris Principles.

MAHYOUB EL HAIBA, of Conseil Consultatif des Droits de l'Homme du Maroc, said the question of archives and preservation of memory had always been of concern for Morocco. In the framework of the implementation of recommendations in Morocco, it had a framework approach allowing it to reconvert centres for detention into centres allowing for the preservation of memory and to educate people in citizenship and human rights. There was an archive providing for historical continuity. There was a programme of support aimed at modernizing the archives, involving national partners with a goal of preserving positively the memory and experience in the area of transitional justice.

NINA KARPACHOVA, of European Group of National Human Rights Institutions, said with respect to agenda item 2 that the European Group of National Human Rights Institutions strongly supported the work that had been conducted by treaty bodies relating to monitoring. This work was essential for the implementation of international standards of human rights. Further, the European Group of National Human Rights Institutions used the treaty bodies and actively contributed to their implementation at the national level. It had also contributed to the implementation of other mechanisms that were related to the monitoring of human rights, and it had submitted independent reports for consideration by the treaty bodies.

FUJII KAZUNARI, of Soka Gakkai International, in a joint statement with several NGOs1, welcomed the report on the focus on the second phase of the World Programme for Human Rights Education and expressed the support for the work of the Platform. For the effective implementation of the World Programme, Soka Gakkai International called upon all States to, inter alia, prepare a national plan of action, include non-governmental organizations and civil society organizations in all phases, and establish a voluntary fund for human rights education within the United Nations.

JAVIER ELORRIETA, of Fundacion Para la Libertad, said the main source of violations of human rights in the Spanish region, in the autonomous Basque region and in the Navarre community was the terrorism of ETA-Batasuna. In this regard, they recommended that a decision by the European Court for Human Rights should be considered as a juridical reference to the political activities and terrorism of ETA-Batasuna.

ANDREW HUDSON, of Human Rights First, said that Human Rights First welcomed the report of the High Commissioner on the protection of human rights and fundamental freedoms whilst countering terrorism. The report’s focus on economic, social and cultural rights was timely. Human Rights First also welcomed the conclusion of the report that counter-terrorism measures needed to be adopted in compliance with the obligations of States under international human rights law, humanitarian law and refugee law. Respect for applicable law was at the core of sound counterterrorism policy. Further, criticism of traditional humanitarian and human rights legal frameworks, as practiced by some States, was misplaced. Human Rights First urged all States to make a good faith judgment of whether or not a particular act of terrorism had occurred in the context of armed conflict in order to determine whether or not humanitarian law applied.

ANA MARIA RODRIGUEZ, of Colombia Commission of Jurists, welcomed the studies on transitional justice and the right to truth and called the attention of the Council to the fact that, despite demobilisation and initiation of judicial processes, armed paramilitary groups continued to be active throughout the country. The process of justice and peace transformed itself into an instrument of impunity for the crimes committed by those groups and victims had no right to truth, justice and reparation. As of today, only 400 persons, out of 30,000 demobilised, had been tried and the Colombia Commission of Jurists started to see their links to the State and private sector. As the study on the right to truth showed, it was necessary to have strong witness protection programmes, with integrated gender-specific considerations.

PABLO RAMIRO FRESNADA, of Permanent Assembly for Human Rights, said Bolivia should include in its Constitution the rights of indigenous peoples, and other countries should follow this example. In some areas there were open sky mines which contaminated millions of litres of water daily, causing damage, and in others there were problems with transgenic soybeans, with an effect on the native forest, and indigenous labour rights were also violated. Argentina should go into depth in some processes, allowing protection of economic, social and cultural rights, whilst promoting the right to truth, justice and punishment. Efforts should be redoubled to ensure the respect of all human rights and the protection of future generations. In Honduras, the de-facto Government should be condemned and should respect all human rights treaties that had been adopted.

MAHMMOUD MAGDY ALI SALEM, of Cairo Institute for Human Rights Studies, said the Cairo Institute for Human Rights Studies would like to invite the United Nations Secretary-General, the High Commissioner for Human Rights and the Working Group to study the written report the Cairo Institute for Human Rights Studies had submitted. This document contained specific data regarding facts in Egypt that could undermine the enjoyment of the right to development. As for the distribution of wealth, the Cairo Institute for Human Rights Studies also referred to the fact that a report by a relevant United Nations agency highlighted that the level of poverty in Egypt had reached a level of 31 per cent. Further, the number of slums in Egypt was now over 1,000. The Cairo Institute for Human Rights Studies wished to draw attention to these facts which had also been included in their written report.

CATHERINE BEVILACQUA, of Amnesty International, encouraged States to join the growing trend towards the abolition of the death penalty. In Japan, over 100 were on death row and Amnesty International believed that the treatment of prisoners, including not knowing when they would be executed, limitation of contact with family members or not being allowed to talk to one another or the staff, were putting them at risk of serious mental illness. As a member of the Human Rights Council, Japan had pledged to uphold the highest standards in the promotion and protection of human rights and Amnesty International called on the Government to fulfil that pledge, including establishing a moratorium on executions with a view to abolishing the death penalty.

NINA DEAN, of Society for Threatened Peoples, said the post-colonial Mapuche people faced the same threat to land, life, liberty, justice, culture and identity as did their ancient predecessors, as a result of the persistent exploitation of their land and resources. The Chilean State played a lead role in condoning the illegal exploitation of ancestral territories to advance its economic agenda, perpetuating a strategy of violent repression against the Mapuche, denying their human, civil and political rights and land rights as laid down in international law. The Chilean State supported large scale commercial activities within Mapuche territory for mining, forestry and farming without consultation with Mapuche communities, applying the anti-terrorist law against protestors in order to silence their just democratic demands.


Concluding Remarks

ENRIQUE ROMAN-MORAY, speaking on behalf of the Joint Inspection Unit, said in his concluding remarks that the comments the Joint Inspection Unit had received during the course of this session of the Human Rights Council were of utmost importance for its work. These were clearly proof of the interest of the Human Rights Council in this important matter. Mr. Roman-Moray also stressed that the importance of the work conducted by the High Commissioner herself and her Office needed to be recognized. The Joint Inspection Unit had also taken note of each of the preoccupations and recommendations, and these would be incorporated in the review of these issues. Regarding the issue of mobility, Mr. Roman-Moray said that the Joint Inspection Unit was currently conducting a system-wide report on the mobility of United Nations staff, which was strictly related to the geographical distribution of its staff.

CARL WARD, Office of the High Commissioner for Human Rights, said that a number of delegations today made a reference to a Strategic Management Plan of the Office of the High Commissioner for Human Rights and he said that the document in question was in fact the Strategic Framework. The former High Commissioner had indicated last year, and Ms. Navi Pillay had concurred, that this document would be shared with the Council in its draft form. The next Framework was due next year and would cover the strategic direction for the following biennium.

General Debate on the Promotion and Protection of All Human Rights, Civil, Political, Economic, Social and Cultural Rights, Including the Right to Development

MOHAMMED I. HAIDARA (Nigeria), speaking on behalf of the African Group, said the Declaration on the Right to Development recognised principally in its first article that the right to development was an inalienable human right by virtue of which every human person and all peoples were entitled to participate in, contribute to, and enjoy economic, social, cultural, civil and political development, in which all human rights and fundamental freedoms could be fully realised. In effect, it acknowledged the universality, indivisibility and interdependence of all human rights. The African Group was firmly committed to the essence of this Declaration and the principle inherent in its operationalisation, which was entrenched on the axiom that the right to development, without any contrived interpretation, should be treated on the same level and at par with all other human rights. The African Group favoured the development of the right to development criteria, and saw them as a major building block to the establishment of a legally-binding instrument or a Convention, and urged that they should be completed at the earliest to create a meaningful mechanism to the implementation process. The present crisis had once again proven the need for policy space for developing countries to exercise the right to development when such challenges occurred.

ABDELWAHEB JEMAL (Tunisia), speaking on behalf of the Arab Group, said that the Arab Group welcomed the efforts that had been taken by the Working Group, both for the discussion and the fruits of this discussion. The Office of the High Commissioner for Human Rights had taken steps for the realization of the right to development and the Millennium Development Goals, which were greatly appreciated by the Arab Group. The Arab Group also wished to remind of the appeals that had been launched in this Council, calling for the establishment of new mechanisms at the international level. The gap between developed and developing countries was growing on a daily basis, which was also a result of globalization. There was a need to live up to the challenges before us, and this required more cooperation. The Arab Group believed that the Council had taken into consideration that the right to development was a crucial element of human rights and universality, and that special attention needed to be given to developing countries and least developed countries as it was clear that these had been most affected by the crisis.

HANS DAHLGREN (Sweden), speaking on behalf of the European Union, said that international human rights mechanisms, including treaty bodies and Special Procedures, were essential tools to support safeguarding of human rights worldwide and for the Special Procedures to be effective it was vital that States cooperated and allowed the visit. Free speech was a basis for democracy and it was imperative that States did everything to protect the rights of journalists and those who led public debate. The European Union called on all States to decriminalize same sex relationships. Children rights should never be compromised, especially not in times of crises including in conflict situations or economic crisis.

MARGHOOB SALEEM BUTT (Pakistan) said exercise of a people's right to self-determination was an essential pre-requisite for the genuine exercise of other human rights and freedoms. The right to self-determination was thus the raison d'etre of contemporary international order; only when it had been achieved could a people take the measures necessary to ensure human dignity and full enjoyment of all other rights without any form of discrimination. Breach of an obligation arising out of recognition of the right of peoples to self-determination constituted an international crime that gave rise to an international responsibility towards States which infringed their legal duties in the matter. This Council had the responsibility to actively pursue this fundamental human right of people. Legitimate struggles for self-determination should not be questioned by equating them with terrorism - the international community continued to reaffirm the validity and significance of this right in situations of foreign occupation and alien domination. Today this right continued to be denied to some on different pretexts. The two explicit examples of this denial were Occupied Palestine and Jammu and Kashmir. The Council and the international community should play their due role to expedite the early and peaceful resolution of the latter issue.

HEBA MOSTAFA RIZK (Egypt), speaking on behalf of the Non-Aligned Movement, said the Non-Aligned Movement welcomed the progress made by the Working Group on the right to development for the implementation of the first two phases of the plan for 2008-2010. During the present period, which was among others marked by the threats of climate change and the global food crisis, the right to development became a more illusionary goal. Such conditions compounded the impact of already existing obstacles to development and such global challenges gave more importance to efforts to realize the right to development. The Non-Aligned Movement had agreed that during the last phase of its work plan, the task force should focus on developing conclusions, and that its scope should go beyond addressing Millennium Development Goal 8. Further, there was a need for more focus on hunger, unemployment and poverty. The Non-Aligned Movement called for effective cooperation to realize the right to development which, among others, required favorable economic policies at the international level.

LAURA MIRACHIAN (Italy) paid tribute to peacekeepers from Italy and the African Union Mission who had lost their lives yesterday, while contributing to the promotion of democracy and respect of human rights. The message resulting from the Conference on Violence against Women held in Rome last week was the need for strengthened coordinated effort to address the plight of violence against women. It had called for all actors to end violence against women and girls and in some instances crimes against humanity. There was a general consensus that women’s empowerment was a crucial instrument for promoting democracy and social stability. Italy welcomed the positive trends towards the abolition of the death penalty in the world and reiterated the importance of a commitment toward a worldwide moratorium on the death penalty. Italy expressed its concern for the continuous reports of the facts of intolerance and discrimination based on religion or belief and called on all States to ensure full protection of the right of freedom of thought, conscience and religion.

BEATE STIRO (Norway) said freedom of expression was a fundamental right that was essential for the realisation and protection of other fundamental rights and freedoms, and was essential for fostering mutual understanding and tolerance, democratic processes, good governance and conflict resolution, as well as economic development. The Durban Review Conference Outcome document reaffirmed the importance of freedom of expression in the fight against racism, racial discrimination, xenophobia and related intolerance, imposing no restriction on freedom of expression, confirming that rules and regulations were there to protect individuals. It was extremely worrying that Governments shut out the media from conflict areas - this cynical state of affairs should not be accepted. Norway highly appreciated the initiative to table a resolution on the right to freedom of opinion and expression, and was committed to actively contribute towards a consensual outcome and strongly encouraged an open, inclusive, and transparent process on this important issue.

ALEXEY GOLTYAEV (Russian Federation) said that over the course of the recent months the Human Rights Council had fully proven its credibility. Today, it could be considered as the main United Nations body for the promotion and protection of all human rights. The Russian Federation was overall satisfied with the results that had been achieved. Whilst human rights had now become an integral element of States, the goal had not yet been achieved, which was in part because of the stereotype that human rights were something that were imposed ‘from the outside’. This situation could only be overcome by open and constructive dialogue with the participation of all interested parties, and the Council should and could be the platform for this dialogue. Such a dialogue should be comprehensive and take stock of the research that existed in every country. The Russian Federation intended to promote such a dialogue on human rights, notably by the organization of seminars.

KAMAPRADIPTA ISNOMO (Indonesia) said that the current economic and financial crises had shown a widening gap between the developed and developing countries, which could have been minimised with a bit more time and effort invested in the right to development by the international community over the past 23 years. The financial crises had impacted not only on the progress in the implementation of developmental goals, but also on official development assistance and foreign direct investment commitments in many countries. Indonesia acknowledged the difficulties and challenges faced in bridging and cementing agreements concerning elaboration of the convention on the right to development, nevertheless it called for the elevation of the right to development on par with other human rights. The high-level task force of the Working Group on the right to development should focus on consolidating its findings and presenting a revised list of right to development criteria. Studies in the ongoing development partnerships on the thematic issues of technology transfer, debt relief, poverty and hunger should continue.

ANDREJ LOGAR (Slovenia) said at the time of economic and financial crises, violations of economic and social rights were becoming more severe. It was essential for these rights to be given equal status in comparison with civil and political rights, and the adoption of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights was a step in the right direction. During such crises, which were faced by all, it was equally important to devote particular attention to the most vulnerable social groups, including women, children, youth, the elderly, migrants and others including persons with disabilities, regarding whose rights should be mainstreamed in the work of the Human Rights Council and all its mechanisms. Slovenia attached great importance to the protection and promotion of the rights of the child. The participation of children, their access to justice and therefore their empowerment was of particular importance. The elaboration of an Optional Protocol to the Convention on the Rights of the Child should provide a communications procedure.

ABDOUL WAHAB HAIDARA (Senegal) said with regard to the report of the Independent Expert on water and sanitation that Senegal attached great importance to this topic, and that it had recently adopted a Water Code. Whilst Senegal nevertheless continued facing challenges relating to sanitation, it was not an isolated case. To tackle this issue, African leaders had highlighted the importance of sanitation for the development of the continent, and a number of high-profile meetings had been held, leading to the adoption of a number of important declarations. As for the report of the Joint Inspection Unit, Senegal was of the view that this was an excellent report, and it wished to commend those who had prepared it, whilst also encouraging the High Commissioner to continue implementing the report’s recommendations.

MUHAMMAD SAEED SARWAR (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said the Organization of the Islamic Conference had always supported initiatives to further the implementation of the right to development as a way to lift millions out of poverty. It had been closely following the proceedings of the Working Group on the right to development since its inception and valued the agreement made during the Group’s last meeting. There was a need for creating an enabling environment with greater participation of developing countries in international financial and economic decision making. The Organization of the Islamic Conference acknowledged the efforts of the high level task force and the Working Group on the right to development and said time had come for the task force to consolidate its finding and present the right to development criteria along with corresponding operational sub-criteria to the Human Rights Council in 2010. The Organization of the Islamic Conference hoped those would reflect all important issues linked to the right to development, such as enhanced international cooperation, access to markets, technology transfer and others.

EMINA KECO-ISAKOVIC (Bosnia and Herzegovina) said as a post-conflict country, Bosnia and Herzegovina supported all means for the promotion of human rights, and found that human rights education was a crucial factor for building a more just future for all citizens. The situation in educational practices showed that a satisfactory level of defined goals and implementation of legal solutions had not been fully reached, and many problems in practice were still to be resolved in a satisfactory manner for all. Bosnia and Herzegovina supported the UNESCO remark on the necessity of human rights education in post-conflict countries and information provided about insufficient pre-service and in-service training and lack of clear guidelines and relevant materials for teachers and school personnel as a possible target sector in many Member States. With regards to the negative impact of the economic crisis on human rights in general, but especially on the vulnerable groups like migrants and their families which suffered from the growth of discrimination as a negative crisis effect, special attention should be paid to these groups, and they should be one of the target sectors for the second phase of the World Programme for Human Rights Education.

SAMUEL NANG NANG (Gabon) said that whilst the United Nations General Assembly had adopted a declaration on the right to development, which crowned more than a century of efforts to create a more just international order, they noted today that it had unfortunately still not been implemented, and there remained a great divide between developed and developing countries. The international community now fully felt the negative impact of the financial crisis, and Senegal believed that States should share a sense of responsibility for this failure. Imbalance was a flagrant injustice and unacceptable today since science provided the necessary tools to transform nature. Senegal had always worked for a better distribution of the fruit of global growth. Senegal encouraged rich countries to increase their assistance to developing countries and called on all States to ensure a more effective collaboration with a view to eliminate the world’s inequalities.

MERCY YVONNE AMOAH (Ghana) said that the report of the Independent Expert on human rights and international solidarity highlighted multiple crises affecting fuel, food, the global economy and financial institutions, as well as the global phenomenon of climate change, all of which impacted the poorest and most vulnerable. Nobody denied that States had the primary obligation and responsibility for the promotion and protection of human rights, but they could not deny that the current financial and economic crises were making it very difficult for developing countries to adequately respond to the vast needs of their citizens. The Special Rapporteur on the right to food had indicated that over one billion of people were hungry and that poverty, discrimination and marginalisation were the root cause. The application of the principles of social justice and equity should not be limited to the national level and must apply on the international level too. Ghana wanted to hear more from the Independent Expert about the new approach to international relations, which he considered was required for the international cooperation for the common future and which should be based on an ideology of sharing, common interest and long-term perspectives.

MARK C. STORELLA (United States) said human rights were not limited to the civil and political realm, and the Council members needed to work to ensure that economic, social and cultural rights were promoted and protected. Discrimination in the provision of economic, social and cultural rights had a profound impact on stability, and the international community should work to minimise this type of discrimination. The debate over the course of the Council session would involve topics of fundamental importance for human rights and human dignity. The United States would continue to advocate for the right to freedom of religion, freedom of expression, and freedom of assembly. Each individual had the right to raise their voice, practice their faith, and express their ideas. The Council should make the most of its shared values, and despite differences of opinion, agree on the critical importance of the freedom to choose one's own course and shape one's own tomorrow. Racism and discrimination affected all countries, and were not confined within the borders of any one country. This global problem required a global solution, and the international community should work towards that end. The United States was also focused on discovering ways to improve the mechanisms that promoted human rights centred development, and contributed to the eradication of poverty around the world.

JOSE MARIA CAPON DUARTE E. SILVA (Angola) said the right to development was an inalienable and non-negotiable human right that required immediate measures and strategies to be realized. The international community should focus on issues such as international cooperation and ensuring equity in international relations. The right to development also implied a right to auto-determination and sovereignty of the people over their resources and their future. For this reason, States could not leave their attributes solely to the invisible hands of the market. Some financial institutions had been imposing their politics of structural adjustments upon States, which was detrimental to development.

CLARISSE MERINDOL OUOBA (Burkina Faso) said that Burkina Faso’s Government was focusing on the economic crisis, food crisis, water and sanitation crisis and the impact of climate change. At the beginning of September, torrential rains had caused damages in multiple locations in Burkina Faso, including the capital Ouagadougou, with 150,000 individuals losing everything. The actors of the international cooperation had mobilised quickly and were still assisting the Government. Burkina Faso called the attention of the Council to the urgency of international solidarity, based on human rights.

1Joint statement on behalf of: Soka Gakkai International; Human Rights International Alliance of Women;Education Associations; World Federation of United Nations Associations; International Organization for the Elimination of all Forms of Racial Discrimination (EAFORD); CIVICUS - World Alliance for Citizen Participation; Women's World Summit Foundation; Pan Pacific and South East Asia Women's Association; International Organization for the Right to Education and Freedom of Education (OIDEL); Sovereign Military Order of the Temple of Jerusalem; and International Federation of University Women.


For use of the information media; not an official record

HRC09107E