HIGH COMMISSIONER FOR HUMAN RIGHTS PRESENTS REPORTS TO HUMAN RIGHTS COUNCIL

The Human Rights Council this morning discussed a series of reports presented to it by the United Nations High Commissioner for Human Rights and experts on miscellaneous issues.

Louise Arbour, United Nations High Commissioner for Human Rights, said that ccombating discrimination remained one of the main objectives, and it was among the many challenges that indigenous peoples faced. The fight against discrimination also required a better understanding of cultural rights and cultural identities. Another key challenge was to strengthen the recognition and protection of economic, social and cultural rights, which had historically received less attention than other aspects of the UN human rights programmes. The issue of the administration of justice by military tribunals had become the focus of intense debate, particularly with regard to the protection of human rights and fundamental freedoms while countering terrorism.

The High Commissioner presented reports on the situation in Afghanistan, Cambodia, Colombia, Guatemala, the Occupied Palestinian Territories and North Uganda.

Vitit Muntarbhorn, on behalf of the Coordination Committee of the Special Procedures Mandate-Holders, invited the Council to: recognize the Special Procedures system as an indispensable mechanism for the promotion and protection of human rights; encourage strengthened cooperation with the Special Procedures by calling on States to extend invitations, and preferably standing invitations, to the Special Procedures; to promptly respond to requests for country visits, and to facilitate access to victims, rights-holders and non-governmental organizations; and urge States’ implementation of recommendations emerging from mandate-holders’ visits, mission reports and communications, including enhancement of follow-up mechanisms.

Paulo Sergio Pinheiro, Independent Expert, United Nations Secretary-General’s Study on Violence against Children, said that from extreme situations where communities were affected by criminal networks to the daily routine in schools, children faced very different forms of violence and in all cases one had an obligation to respond to it. The Study made clear that violence against children was frequently invisible. It often went unpunished, and sometimes it was even condoned and endorsed by social norms and national law. To break through the walls of silence was a great challenge for the Study as statistics and studies on violence were lacking or unreliable.

Nadir Bekirov, Chairperson of the United Nations Voluntary Fund for Indigenous Populations, said the Fund had given indigenous peoples a voice at the United Nations, by providing them with the opportunity to raise their issues internationally, participate in meetings where decisions affecting their lives were taken, contribute to the deliberations with first-hand experiences, dialogue with Governments and United Nations agencies, and network with other indigenous peoples and NGOs. The Fund had ensured that indigenous peoples were involved in standard-setting activities affecting them.

Juan Luis Larrabure, Vice-Chairman of the Joint Inspection Unit, said that a series of recommendations, which were presented in the first report, had been or were being dealt with to the satisfaction of the Inspectors. However, Inspectors were still to be satisfied as to the actions being taken to implement recommendations on the issue of imbalance in the geographic distribution of the staff of the Office of the High Commissioner. The Inspectors believed that if that situation was to be corrected, Member States must be ready to intervene and support the High Commissioner to ensure that the United Nations Secretariat provided the Office with the necessary flexibility to address that problem.

Vitit Muntarbhorn, speaking on behalf of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said that in recent years, with the enhanced capacity for project management of the Office of the High Commissioner for Human Rights, the Board had moved away from reviewing individual projects to advising the Office on policy orientation, global visions and strategy at t a broader programme level. That evolution of the role played by the Board had been appreciated by the Office, and had proven sound particularly during the recent time of transition and reform. The Technical Cooperation Programme had the potential to play a key role in bringing the different components of the UN Human Rights Programme together to form one broad coherent programme.

Guatemala, Colombia and Afghanistan spoke as concerned countries.

Also taking the floor were the representatives of Finland on behalf of the European Union, Ecuador, Uruguay, Argentina, Cuba, Mexico, Switzerland, Azerbaijan, Algeria on behalf of the African Group, Brazil, Canada, Russian Federation, Nigeria, China, Bangladesh, Morocco and Senegal.

The representatives of Ecuador and Iran participated in the interactive dialogue on the report of the Sub-Commission on the Promotion and Protection of Human Rights. The representative of the International Indian Treaty Council also spoke.

Thailand and Armenia exercised the right of reply.

The Council will meet at 3 p.m. this afternoon to continue its consideration of reports, studies and other documents prepared by the Secretariat, High Commissioner, the Office of the High Commissioner or the Secretary-General.


Continuation of Statements on Report of the Sub-Commission on the Promotion and Protection of Human Rights

GALO LARENAS SERRANO (Ecuador) said the Sub-Commission on the Promotion and Protection of Human Rights had made a substantive contribution to the cause of fundamental rights. Despite the vicissitudes which were the outcome of the crisis experienced by the Commission and the problems inherent to the transition to the Human Rights Council, Ecuador supported the consultative body which would replaced the Sub-Commission, and considered that it should fulfil certain basic criteria, including that it should be composed of high-level Experts on human rights, that its members should be elected by the Council or the General Assembly, as this would give them independence, and that they should be geographically representative. It was of particular importance to give a clear delimitation to the powers granted to this new body, and that the core values of the Sub-Commission be retained in this regard.

MAHMOUD KHANI (Iran) thanked Marc Bossuyt for the presentation of the reports of the Sub-Commission. Iran was of the view that the expert advice body had to have a clear role, and improvements had to be made in the election process. Along with regional organizations’ views, Iran supported an equitable geographical distribution as a requisite to elect the experts. There should be 26 members and they should be elected by the Council for a maximum of two terms of two to three years. The election of experts should not be limited to Members of the Council.

ALBERTO SALDAMANDO, of International Indian Treaty Council in a joint statement with Indian Council of South America, and Asian Indigenous and Tribal Peoples Network, said the International Indian Treaty Council welcomed the report of the Sub-Commission on the Promotion and Protection of Human Rights, particularly its recommendations that a standing expert advice mechanism akin to the Working Group on Indigenous Populations be established by the Human Rights Council. The Indigenous Caucus strongly supported the recommendation. The Council’s working group examining mandates should pay special attention to the extraordinary contribution the Working Group on Indigenous Populations continued to make to the promotion and enhancement of the human rights and fundamental freedoms of indigenous peoples.

Reports Reviewed by the Council

The Council has before it a report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia (E/CN.4/2006/9) which says the human rights situation was marked by a series of grave violations related to civil and political rights and to unresolved challenges affecting economic, social and cultural rights. It was possible to observe a pattern of extrajudicial executions and enforced disappearances, associated with violations linked to the administration of justice and impunity. Cases of arbitrary detentions, torture and other cruel, inhuman or degrading treatment were also recorded, as well as attacks on freedom of expression. While such violations are not part of a deliberate State policy at the highest level, they were difficult to deal with owing to a lack of recognition on the part of the authorities and the inadequacy of remedial action. Human rights violations due to the action or failure to act of public servants on acts committed by paramilitaries, continued. The situation as regards poverty, which affects more than half the Colombian population, especially ethnic groups, women and children, reflects a high degree of inequity, particularly as regards access to and enjoyment of the rights to education, health, employment and housing, amongst others. Serious breaches continued to be committed by illegal armed groups, particularly the FARC-EP and the paramilitaries of the Autodefensas Unidas de Colombia (United Self-Defence Forces of Colombia) (AUC).

The Council has before it a report (E/CN.4/2006/106) entitled report of the High Commissioner for Human Rights on Assistance to Sierra Leone in the field of human rights, which contains information on developments from January through to the end of December 2005 including the visit of the High Commissioner to Sierra Leone (13-16 July 2005). Sierra Leone continued to enjoy relative peace and political stability since the last visit of the High Commissioner to the country in July 2005. Consistent with the promise made during that visit, the Government has authorized the Ministry of Justice to proceed with the establishment of the Human Rights Commission of Sierra Leone and request technical assistance from the Office of the United Nations High Commissioner for Human Rights (OHCHR) in this regard. OHCHR has responded favourably and the process leading to the selection and appointment of the commissioners is now under way.

There is an increasing trend towards respect for human rights, especially civil and political rights. As reported previously, the decentralization of government and the creation of new local government structures at the district level continue to enhance popular participation in governance and the exercise of political rights at the local levels. However, enjoyment of social and economic rights is still lagging, occasioned in part by the poor state of the economy, widespread poverty and a high level of illiteracy. A key area of concern remains the high level of unemployment, especially youth unemployment, the bulk of unemployed youth being former combatants. Addressing these problems in order to maintain the relative stability and fragile peace remains one of the most daunting challenges confronting Sierra Leone and its people.

The Council has before the report of the High Commissioner for Human Rights on Nepal (E/CN.4/2006/107) for its consideration which focuses on the human rights situation in Nepal and the activities of OHCHR-Nepal in the period between 1 September 2005 and late January 2006. The Government and its security forces have shown good cooperation to OHCHR-Nepal in terms of access and availability, and have responded to communications, although some responses have fallen far short of the information requested. The Communist Party of Nepal (CPN) (Maoist) has committed to allow OHCHR-Nepal staff freedom of movement and access. OHCHR-Nepal has met with CPN (Maoist) leaders and cadres and raised concerns with them. CPN (Maoist) has responded and taken action with respect to a number of individual cases, but the majority have not received any response. Arbitrary arrest, detention and re-arrests of suspected members or sympathizers of CPN (Maoist) continued to be a major source of concern, reinforced by the absence of guarantees required by international standards in anti-terrorist legislation. Allegations received by OHCHR-Nepal also indicated that torture is routine. The Government denies that torture is systematic in Nepal and maintains that it is taking appropriate action. Economic impoverishment, severe social inequalities and discrimination have been aggravated by the conflict, with the rights to health, food and other economic, social and cultural rights all at risk.

A report of the United Nations High Commissioner for Human Rights on Follow-Up to the World Conference on Human Rights (E/CN.4/2006/10) outlines a number of activities undertaken since the sixty-first session of the Commission. In particular, the report focuses on steps taken by the Office of the High Commissioner in response to the Plan of Action released in May 2005. As such, and in line with the strategic vision for future operations, the report highlights activities aimed at strengthening country engagement, forging linkages between human rights and development, fostering partnerships with the civil society and within the United Nations system, strengthening the Office’s thematic expertise as well as the efforts dedicated to further empowering rights-holders. In addition, the report presents the High Commissioner’s Strategic Management Plan 2006-2007.

An addendum to the above report (E/CN.4/2006/10/Add.1) contains a report of the High Commissioner for Human Rights on the Activities of her Office in Guatemala, which offers a preliminary view of the situation of human rights in Guatemala. The High Commissioner has formulated, for the three branches of Government and representative sectors of civil society, 24 recommendations based on this first analysis of the situation in Guatemala, in the firm conviction that their implementation will contribute to a noticeable improvement in the situation of human rights. The recommendations are grouped under the following seven headings: prevention and protection; rule of law and impunity; transitional justice; economic and social policy; equality and non-discrimination; promotion of a culture of human rights; and technical cooperation and advisory services of the Office of the High Commissioner in Guatemala.

A second addendum to the above report (E/CN/4/2006/10/Add.2) contains a report on the work of the Office of the High Commissioner for Human Rights in Uganda, which provides a general overview of the situation of human rights in areas in which OHCHR Uganda has established field presence, or has carried out initial district assessments, and which the High Commissioner visited during her mission to the country in January 2006. The High Commissioner’s key observations from her visit included: (a) the need to overcome the militarization of civilian administration of justice and law enforcement by significantly strengthening the number and capacity of the Uganda Police Force; (b) the importance of ensuring freedom of information and movement, as well as voluntary and safe return for IDPs in northern Uganda; and (c) the need to reduce the marginalization of Karamoja by strengthening central government services to eradicate poverty, overcome insecurity and foster development. The High Commissioner makes a number of recommendations addressed to the national authorities, the Uganda Human Rights Commission, civil society and the international community. These recommendations are based on an initial assessment by OHCHR Uganda and on the High Commissioner’s observations, as well as her dialogue with State authorities and civil society organizations during her mission to Uganda and include: the urgent need for a comprehensive strategy for peace, justice and reconciliation for northern Uganda; security issues and the reinstallation of civilian administration of justice; on return of IDPs; land rights issues; and ending the marginalization of Karamoja.

The Council also has before it a report (E/CN.4/2006/119) entitled report of the United Nations High Commissioner for Human Rights on the mission to Kyrgyzstan by the Office of the United Nations High Commissioner for Human Rights (13-21 June 2005) concerning events in Andijan, between 12 and 14 May 2005, which does not purport to be a full reflection of what occurred in Andijan, which can only be established on the basis of a comprehensive, independent, international inquiry with appropriate access to Uzbekistan. The objective of this report is to reflect the unfolding of events as they emerged from the largely consistent accounts given to the OHCHR mission by the eyewitnesses interviewed in Kyrgyzstan. The report focuses on the widespread allegations of grave violations of human rights that emerge from these accounts and makes recommendations confirming the necessity for further investigation.

Some of the recommendations contained in the report include: the need to establish an international commission of inquiry; and the urgent need for a stay of deportation to Uzbekistan of the Uzbek asylum-seekers and eyewitnesses of the Andijan events who would face the risk of torture if returned. The international community must be granted access to the four asylum-seekers who were deported from Kyrgyzstan to Uzbekistan; and in light of the consistent pattern of human rights violations in Uzbekistan, the international community may also consider the need to create a public mechanism of the Commission on Human Rights.

High Commissioner for Human Rights Presents Her Reports

LOUISE ARBOUR, High Commissioner for Human Rights, said she would focus on those trends and issues, together with particular situations, that had intensely engaged her Office. Combating discrimination remained one of the main objectives, and it was among the many challenges that indigenous peoples faced. The Office of the High Commissioner for Human Rights (OHCHR) report reflected the initiatives undertaken on the protection of indigenous peoples’ rights. The fight against discrimination also required a better understanding of cultural rights and cultural identities. The report before the Council described the results of an informal consultation on cultural rights which was organized in October 2006 to foster such understanding.

One of the main sources of disempowerment was the failure to give teeth to the right to development, Ms. Arbour said. Another key challenge was to strengthen the recognition and protection of economic, social and cultural rights, which had historically received less attention than other aspects of the UN human rights programme. Crucial to any strategy for the empowerment of rights holders was the World Programme for Human Rights Education. Related to the fight against impunity were both the right to truth and transitional justice, and the OHCHR study clarified the concept of the right to the truth by providing a detailed and rigorous analysis of several elements of this right, such as its legal and historical bases, its material scope, content and nature.

The issue of the administration of justice by military tribunals had become the focus of intense debate, particularly with regard to the protection of human rights and fundamental freedoms while countering terrorism. The report on this topic reiterated that the actions of States to combat terrorism must comply fully with States’ obligations under international law. It also contained a number of recommendations, including an appeal to States to take all measures to prevent, punish and eradicate torture and cruel, inhuman or degrading treatment or punishment. The entry into force of the Optional Protocol to the Convention against Torture was a significant development towards ensuring the protection of detainees around the world, Ms. Arbour said.

The report on impunity provided a survey of selected international commissions of inquiry and fact-finding missions in several countries that had continued to be affected by conflict and/or massive human rights violations. OHCHR had provided comprehensive support to these international commissions of inquiry and fact-finding missions, Ms. Arbour said. Related to the fight against impunity were both the right to truth and transitional justice, and the study clarified the concept of the right to the truth by providing a detailed and rigorous analysis of several elements of this right, such as its legal and historical bases, its material scope, content and nature.

On Afghanistan, the deteriorating security situation in Afghanistan carried grave implications for human rights. A lack of security also severely affected the work of institutions, Ms. Arbour said. Despite reform efforts, the justice system continued to suffer from severe and systemic problems. The number of human rights violations constraining freedom of conscience and religion and freedom of expression were increasing. On Cambodia, which Ms. Arbour had visited, she had focused on the importance of strengthening the independence and integrity of the judiciary to protect fundamental rights and freedoms and to overcome impunity, and on the important work and contribution of civil society, emphasizing the need for it to be able to work freely and safely with the support of the Government. The Extraordinary Chambers of the Courts of Cambodia, which had now begun their work to address the crimes perpetrated by the leadership of the Khmer Rouge, represented a hope for justice that is long overdue.

On Colombia, the High Commissioner welcomed the announcement made by the Government that the mandate of her Office was extended, and said the Office would maintain its monitoring mandate with a view to further contributing to the protection of human rights. Significant advances and efforts from State representatives and civil society should be commended. Yet, Colombia still faced considerable challenges in terms of human rights protection and respect for humanitarian law.

On Guatemala, the OHCHR was addressing long standing human rights issues, including discrimination against indigenous peoples, poverty and public insecurity. Important steps had been taken to improve the human rights situation, including positive measures to address impunity for crime, and these were timely initiatives.

Ms. Arbour said she had repeatedly expressed her concerns at the deteriorating situation in the Occupied Palestinian Territories. As elsewhere, human rights advocacy could not by itself offer adequate protection to vulnerable civilians or ensure respect for human rights. Only a political solution to this conflict would bring an end to the loss of life, immense suffering and hardship. But pending that, compliance by all duty bearers with their responsibilities under international humanitarian and human rights law was of the utmost importance.

As a result of improvements in the security situation in Northern Uganda, spontaneous population movements out of camps for the still close to 1,5 million internally displaced persons had resulted in increased freedom of movement and greater access to land. Ms. Arbour welcomed the Government’s initiative to establish an independent commission of inquiry into alleged serious human rights violations in the context of forced disarmament in Karamoja which, she hoped, would result in improved policies and protective action. In the ongoing peace talks between the Government and the Lord’s Resistance Army (LRA) in Juba, it was critical to include adequate provisions for sustainable justice and to end impunity for the most egregious perpetrators.

Statements

VITIT MUNTARBHORN, speaking on behalf of the Coordination Committee of the Special Procedures Mandate-Holders, said that the term Special Representative of the Secretary-General Procedures referred to a system of individuals—independent experts—established by the United Nations to monitor key human rights situations, to submit reports on these situations, to communicate with the relevant authorities to protect the rights of the victims, and to activate the world community to address pressing human rights concerns. They ranged from thematic to country mandates. For over a decade, the mandate-holders of the Special Procedures had met annually under the United Nations umbrella to exchange information and experiences. At their annual meeting in 2005, they decided to set up a Coordination Committee so as to facilitate the work of the mandate-holders.

Mr. Muntarbhorn said he took the opportunity to underline some key messages that remained important for mandate holders in view of recent developments, and the current session of the Council. He invited the Council to: recognize the Special Procedures’s system as an indispensable mechanism for the promotion and protection of human rights; encourage strengthened cooperation with the Special Procedures by calling on States to extend invitations, and preferably standing invitations, to the Special Procedures; to promptly respond to requests for country visits, and to facilitate access to victims, rights-holders and non-governmental organizations; and urge States’ implementation of recommendations emerging from mandate-holders’ visits, mission reports and communications, including enhancement of follow-up mechanisms.

He looked forward to close cooperation between the Council and the Special Procedures with a view to strengthening the system, with effective follow-up measures and adequate resources.

PAULO SERGIO PINHEIRO, Independent Expert, United Nations Secretary-General’s Study on Violence against Children, said that from extreme situations where communities were affected by criminal networks to the daily routine in schools, children faced very different forms of violence and in all cases one had an obligation to respond to it. The Study made clear that violence against children was frequently invisible. It often went unpunished, and sometimes it was even condoned and endorsed by social norms and national law. To break though the walls of silence was a great challenge for the Study as statistics and studies on violence were lacking or unreliable. Certainly, the approaches required to prevent and respond to violence would always differ in each context, but in no case could inaction be justified. While recognizing that the challenges were great, the Study documented a number of successful practises which sought to prevent and respond to violence: including programmes to support parenting skills; programmes to improve school environment; strategies to prevent the recruitment of children into hazardous forms of work and campaigns against patterns of discrimination and stereotypical attitudes.
The Study noted that severe forms of violence such as sexual exploitation and trafficking in children had provoked international outcry, but also underlined the fact that the international attention to violence against children was fragmented and limited: the different forms of violence that children experienced in the home, schools and even institutions were largely ignored by the international community. It was now time to address those realities. It had been said that grown-ups found understanding difficult, and it was tiresome for children to be always and forever explaining things to them. Children participating in the Study were always puzzled as they observed adults’ inefficiency in developing means to stop violence.

NADIR BEKIROV, Chairperson of the United Nations Voluntary Fund for Indigenous Populations, said the Fund was created in 1985, with the purpose of assisting representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on Indigenous Populations. The Mandate was expanded on two occasions by the General Assembly to assist representatives of indigenous communities and organizations to participate in the deliberations of the Working Group on the Draft Declaration on the Rights of Indigenous Populations and Permanent Forum on Indigenous Issues. Since the establishment of the Fund, more than 1,000 indigenous representatives had been supported.

The Fund had given indigenous peoples a voice at the United Nations, by providing them with the opportunity to raise their issues internationally, participate in meetings where decisions affecting their lives were taken, contribute to the deliberations with first-hand experience, hold a dialogue with Governments and United Nations agencies, and network with other indigenous peoples and NGOs. Their presence at United Nations meetings had helped them to develop their leadership capabilities and expertise, and had led in some cases to solving issues directly with Governmental delegations. The Fund had ensured that indigenous peoples were involved in standard-setting activities affecting them.

The increasing number of requests and the limited available funding presented the Board of Trustees with tough choices. On behalf of the Board of Trustees, Mr. Bekirov appealed to all Governments, organizations and private donors to consider contributing to the Voluntary Fund, if possible before the next meeting of the Board in March 2007. The Board welcomed the adoption by the Human Rights Council of the United Nations Declaration on the Rights of Indigenous Peoples, and the Council might wish to consider how the mandate of the Board of Trustees could be brought into line with recent developments. The Board would welcome an opportunity to consult with all donor Governments to review the viability of recommendations issued from the Sub-Commission to broaden the mandate of the Fund to allow indigenous peoples to participate in the human rights treaty bodies and to provide funding for human rights projects to indigenous organizations.

JUAN LUIS LARRABURE, Vice-Chairman of the Joint Inspection Unit, presented the report prepared by Inspector Papa Louis Fall and himself entitled “Follow-up to the Management Review of the Office of the United Nations High Commissioner for Human Rights.” The report was undertaken at the request of the Human Rights Commission, as expressed in its Resolution 2004/73. As was pointed out in the report, a series of recommendations, which were presented in the first report, had been or were being dealt with to the satisfaction of the Inspectors. However, Inspectors were still to be satisfied as to the actions being taken to implement recommendations 7, 8 and 9, which addressed the heart of the issue as seen then by both the Commission and the Inspectors, i.e. the imbalance in the geographic distribution of the staff of the Office.

In the short run, the Inspectors believed that if this situation was to be corrected, Member States must be ready to intervene and support the High Commissioner to ensure that the United Nations Secretariat provided the Office with the necessary flexibility to address this problem. In this context some of these measures could be to ensure that national competitive examinations in the area of human rights were open only to citizens of Member States that were currently underrepresented in the staffing of the Office of the High Commissioner for Human Rights versus for the United Nations as a whole; reserve a very high percentage, say 90 percent, of professional posts at the P-3 to P-5 levels that were to be filled over the next two years, to citizens of countries that were underrepresented within the staffing structure of the Office of the High Commissioner, a measure that should be applied to both posts financed under the regular budget as well as those financed from extra-budgetary resources; and request the Secretary-General to ensure that the necessary flexibility is shown by UN/OHRM so that the aforementioned measures could be implemented with the minimum delay.

VITIT MUNTARBHORN, speaking on behalf of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said that in recent years, with the enhanced capacity for project management of the Office of the High Commissioner for Human Rights, the Board had moved away from reviewing individual projects to advising the Office on policy orientation, global visions and strategy at a broader programme level. That evolution of the role played by the Board had been appreciated by the Office, and had proven sound, particularly during the recent time of transition and reform. In such a time of profound changes, clear operational and policy guidance became particularly important for the Technical Cooperation Programme in order to ensure consistency and common understanding as well as proper prioritising. There was a need to consolidate, update and streamline past discussion and positions. That was the focus of the last meeting of the Board in January this year.

The Technical Cooperation Programme was a course of substantive advice and assistance in the field of human rights within the framework of one broad United Nations Human Rights Programme. The Technical Cooperation Programme had the potential to play a key role in bringing the different components of the UN Human Rights Programme together to form one broad coherent programme. It would help bring life to the recommendations made by treaty bodies and special procedures at the country level. The OHCHR, through its Technical Cooperation Programme, assumed a role of supporting human rights-related programmes of partners. The increasing involvement of various organizations, including UN actors, in providing assistance for human rights reform was a welcome development.

Interactive Debate

VESA HIMANEN (Finland), speaking on behalf of the European Union, said the European Union appreciated the answers provided on the questions raised during the first day of the session. On violence against children, the European Union considered extremely valuable the participatory and consultative process in preparation of the Secretary-General’s study on the question. In reference to the report on the protection of human rights and fundamental freedoms while countering terrorism, the European Union fully concurred that actions taken by States to combat terrorism should comply with their obligations under international law, in particular human rights, humanitarian and refugee law.

Regarding the Secretary-General’s report on the question of the realisation in all countries of economic, social and cultural rights, the European Union wished to reaffirm its commitment to the protection and promotion of these rights, and attached the same importance to these rights as to civil and political rights, bearing in mind the universality, indivisibility, interdependence and interrelatedness of all human rights and fundamental freedoms. Racism and xenophobia were incompatible with the principles upon which the European Union was founded, and it determinedly pursued a clear policy of fighting these, both within its borders and in the context of external action. The Office of the High Commissioner for Human Rights had come a remarkable way in developing its management further within a short period of time, and the European Union supported the High Commissioner and her Office firmly.

MAURICIO MONTALVO (Ecuador) addressed the report by the Joint Inspection Unit, saying Ecuador had followed with interest the report as well as the comments made by the High Commissioner on this issue. Ecuador expressed great concern over the geographical imbalance in staff representation, and said that this imbalance was contrary to the United Nations and the spirit of multilateral cooperation. Even though some progress had been achieved, there still was a lot to be done to reverse this trend and to deal with accumulated mistakes. Ecuador made a number of recommendations aimed at correcting the geographical imbalance. Some of these measures included changing the composition of the Advisory Review Group to allow each region to have a representative there; avoiding contradictory situations at the time of presenting reports on the composition of general service staff of the Secretariat, and not at the departmental level; and improving and adopting different criteria from the so called national competitive examinations, due to the fact that in its current status, it had not contributed to address the geographical imbalance.

GUILLERMO VALLES (Uruguay) said Uruguay was delighted that the Council was dealing with the issue of the right to truth. Victims of human rights violations were prevented from knowing the cause and origin of their violations. The right of victims to know what happened to them in the past was essential in the event that their human rights were violated. Uruguay strongly supported the report on the right to truth and the adoption of the resolution on the issue. The Special Procedures should also contribute to the realization of the right to truth. The Study was scheduled to be presented to the General Assembly next month, and the Study should also be presented to the Council during its March session. Uruguay also expressed concern on the fact that a number of mandate-holders of special procedures were not receiving appropriate cooperation from States. In that situation they might not be able to fully discharge their mandates. States should cooperate with them.

ALBERTO J. DUMONT (Argentina) said the Government of Argentina was grateful to the Office of the High Commissioner for Human Rights for the study on the right to truth. This study contained important elements of analysis on the origins, the evolution, and the current situation of the right to truth as an autonomous human right. It was also hoped that the Special Rapporteurs and other mandate holders would further contribute to the issue. While awaiting new comments from States, NGOs and other mandate holders, the Secretariat should take action in three areas, including updating the study according to the new elements issuing from the resolution, and continuing advisory activities on this theme.

Truth, justice and reconciliation were essential in peace processes, and hence, the Human Rights Council should make progress on considering the right to truth, which was closely linked to combating impunity. The right to truth attempted to show causes, identify violations and the reasons for these, and determine the fate of victims and the identity of perpetrators. It was essential for the functioning of democratic systems. Argentina believed that such serious violations as torture, forced disappearances and extrajudicial executions required the right to truth, as a pre-requisite for the right to justice to be achieved. Progress should be made on considering the right as an individual right, in order to strengthen it, but also to consolidate it as a collective right.

RODOLFO REYES RODRIGUEZ (Cuba) said Cuba appreciated the work carried out by the Joint Inspection Unit and the High Commissioner. Cuba encouraged the Council to engage itself in a constructive dialogue to address the issue of geographical imbalance in the Office of the High Commissioner for Human Rights. The current geographical imbalance was undermining the legitimacy of the work of the Office. Hence, Cuba recommended the General Assembly should empower the High Commissioner to take emergency measures to correct this imbalance. In addition, major changes had to be taken with reference to national competitive examinations, as candidates from developing countries were at a disadvantage vis-à-vis candidates from developed countries at the time of competing for a post. Cuba asked the European Union to engage in a constructive dialogue and launch informal consultations on this matter.
PABLO MACEDO (Mexico) said Mexico appreciated the reports of the High Commissioner for Human Rights, particularly the reports of the Office on developing indicators on racial inequality and on conscientious objectors, the study on the right to truth and a transitional justice system, and on the strengthening of the effectiveness of Special Procedures of the Council. Mexico welcomed the report on the status of the ratification of treaties and stressed that those States that had not yet done so should ratify all the treaties. Mexico underlined the need for the conclusion by the Council of the draft United Nations convention on the persons with disabilities so that the General Assembly would take action on it. It was also important that the High Commissioner present an analytical study on the human rights situation relating to persons with disability.

The High Commissioner had also spoken on the causes of violence against children and the problems related to their human rights. The Council should fully discuss the Study of the Independent Expert on violence against children. The Council had also the obligation to promote and protect human rights through its existing various mechanisms.

JEAN-DANIEL VIGNY (Switzerland) said the High Commissioner’s Office was doing remarkable work in Nepal. Switzerland supported the idea that the mandate of the Office there should be extended beyond April 2007. All concerned parties should mobilise to ensure that the situation concluded positively. All Nepalese people should enjoy the human rights guaranteed by international humanitarian law, and should be allowed to go back home and reintegrate into society. The culprits of serious human rights violations and humanitarian law should be brought to justice. Those who had been disadvantaged up to now, such as women and other groups, should be ensured that they are included in the decision process.

Switzerland supported the key role played by the Office in post-conflict and transitional situations, and believed this should be further reinforced. The Office should continue to strengthen its participation in field activities with regards to human rights in the context of justice and transition. There were valuable working tools for the field operations of the United Nations, national organizations and civil society confronted by issues of transitional justice, and the Office should continue to develop these and make them even more operational and adapted to the complex issues linked to transitional justice.

SEYMUR MARDALIYEV (Azerbaijan) expressed deep concern with ongoing armed conflicts in various parts of the world, which often resulted in serious violations of international humanitarian law and human rights. A great number of people all over the world were still reported missing, which in turn, among other things, led to violations of the rights of families to know the fate of their relatives. The problem of persons reported missing in connection with armed conflicts continued to have an adverse effect on efforts aimed at putting an end to these conflicts. The problem of missing persons continued to remain one of the most sensitive and painful issues in Azerbaijan. According to figures from the Government, 4,604 Azerbaijani missing persons were registered in the country as a result of the ongoing conflict with Armenia in Nagorno Karabakh and other surrounding regions of Azerbaijan. The humanitarian dimensions of this problem should in all instances prevail over the political one.

IDRISS JAZAÏRY (Algeria), speaking on behalf of the African Group, thanked the High Commissioner for her reports and wished to receive the reports at least 24 hours in advance so that delegations could prepare in-depth responses to the important issues raised therein. The African Group welcomed the efforts of the High Commissioner in implementing a plan of action with regard to fair geographical distribution of posts in the Office of the High Commissioner for Human Rights. Urgent affirmative actions should be taken to rectify the situation, which had deteriorated recently to the detriment of the developing countries. The African Group shared the view of the Joint Inspection Unit that “the actual composition of the staff could result in diminishing the effectiveness of the work of the Office if it was perceived to be culturally biased and unrepresentative of the United Nations as a whole”.

The African Group fully supported the statement made earlier by the representative of the Joint Inspection Unit. This situation was just one of the consequences of the fact that contrary to all offices of high commissioners set up by the League of Nations and by the United Nations, there had not been any institutional interaction on management issues. The African Group welcomed the reforms of the UN Secretary-General, which clearly recognized the right for the Human Rights Council to review the management issue of the Office of the High Commissioner for Human Rights.

SERGIO ABREU E LIMA FLORENCIO (Brazil) said the study on violence against children was commended, and was strongly supported. It would be presented at the General Assembly in October. The momentum generated by the study should be kept by a resolution by the General Assembly, and it was hoped this would be firm enough to ensure the necessary follow-up and implementation of its recommendations. The multi-disciplinary approach should continue to be the basis and axis for this issue, both at the national and international levels. The recommendations contained within the study were endorsed, along with the proposed strategy. An effort to make it reach civil society should be made both by delegations and by United Nations agencies so that it did not restrict itself to the realm of the United Nations.

The High Commissioner was congratulated for addressing key issues for the Human Rights Council, and the fact that her initial remarks were addressed to the fight against discrimination was a very important step. This was a key issue for promoting and protecting human rights world-wide. It was hoped that concerns on this issue would be addressed at the outcome of the Council, and the Special Rapporteur on the issue should further examine the issue of incitement to racism, racial discrimination, xenophobia and related intolerance in the political debate. The Special Rapporteur should present a report on the political participation and presentation of vulnerable groups that were victims of racism and discrimination. The prospects on creating a forum on international migration and development should be encouraged in order for this to materialise.

CARLOS RAMIRO MARTINEZ (Guatemala), speaking as a concerned country, welcomed all the reports presented earlier, and in particular the report on the activities in Guatemala of the High Commissioner. At the request of Guatemala, an agreement was negotiated with the Office of the High Commisiosner that resulted in the setting up of an office in the country since September 2005. The agreement stipulated that the High Commissioner would inform the Commission on the activities that resulted from the fulfilment of the mandate of the Office in Guatemala. Guatemala wished to underscore that the title of the report was not as published in E/CN.4/2006/10 Add.1, but as it was published in the corrigendum 2 as Report of the High Commissioner for Human Rights of the United Nations on the activities of its Office in Guatemala.

In spite of the short time since the setting up of the Office in Guatemala, the submitted report presented a number of complex recommendations. Some of them were adequate but rather difficult to tackle. Nevertheless, the Government was committed to devise the necessary mechanisms for their implementation. At the same time, there were some recommendations that did not necessarily fall within the mandate of the Office. The Government was fully aware of the challenges facing the Office on human rights, and hoped that the Office would work together with national institutions, and support their activities through dialogue and cooperation.

PAUL MEYER (Canada) said Canada supported an enhanced and strengthened role for the Special Procedures within the new Council, including in the mandate review process and in the universal periodic review. The Special Procedures themselves should play a principal role in strengthening and enhancing the system and command and encourage recent efforts to that end, particularly the efforts of the Coordinating Committee and the development of the draft manual on operating procedures. Canada had issued a standing invitation to the Special Procedures and called on other States to do the same. In Afghanistan, Canada had provided the Afghan Human Rights Commission with 1 million dollars to help its efforts in promoting human rights. Canada supported all efforts in the country in establishing the rule of law and the respect of human rights. Violence against women in Afghanistan was a concern to Canada, and it was also persisting in every part of the world.

Canada would like to reaffirm its strong support for the important work of the treaty bodies in promoting the better implementation of human rights. It supported the efforts of the High Commissioner towards reform of the treaty body system, including her proposal for a unified, standing treaty body, and encouraged her to convene a meeting of States to consider that proposal at an early opportunity. Canada welcomed the report by the Secretary-General’s Special Advisor on the Prevention of Genocide, in particular his five-point action plan and set of warning signs. Canada also welcomed the report of the Secretary-General on impunity.

DEDE A. RIFAI (Indonesia) said that all reports in fact derived from various resolutions of the late Commission. These resolutions mandated the High Commissioner, her Office as well as the Secretary-General to prepare some important thematic studies to assist the then-Commission to fulfil its mandate. Indonesia had always supported the action-oriented format of any mandate or recommendation of the Commission’s outcomes, especially in the framework of normative standard-setting, and promotional work associated with human rights issues. Indonesia was pleased to see that the issues which Indonesia had at heart, which included the importance of the rule of law in combating terrorism and the elimination of all forms of racial discrimination, among others, were comprehensively covered in the reports.

On the composition of the Office of the High Commissioner, Indonesia was still concerned that despite the long-standing call for the Office to correct the unbalance as well as under-representation of several Member States, especially developing countries and countries with economies in transition, only little improvements had been made. This was an issue which was viewed as important from the point of view of inclusiveness and equity, and which, moreover, would do much to enhance the trust of Member countries in the institution’s transparency and even-handedness. There was a need to ensure that there was no overlap between the reports emanating from the Office of the High Commissioner.

SERGEY CHUMAREV (Russian Federation) welcomed the report by the Joint Inspection Unit, and supported the recommendations on correcting the current imbalance on geographical distribution in the composition of the staff at the Office of the High Commissioner. The Russian Federation supported the recommendations made by the High Commissioner on this issue. The Russian Federation hoped that the situation would change in the future, and that some international regular monitoring mechanism would also be set up to monitor budgetary and financial matters in the Office. The Russian Federation called attention to the need to address discrimination and xenophobia, and new forms of discrimination taking place in some countries as well as terrorism, in particular acts of terrorism by non-state actors. The Russian Federation welcomed the dialogue between the Council and the Office of the High Commissioner for Human Rights.

ABDUL BIN RIMDAP (Nigeria) said that there should be a change in the composition of the staff of the Office of the High Commissioner for Human Rights. The issue had been raised at least since ten years and remained the same. The study on the defamation on religion was also important and further work should be carried out in the promotion of education in that area. The High Commissioner should further concentrate on the right to development, which was a question of life to the developing countries. Further efforts should also be made in the promotion and protection of the rights of children in order the prevent violence perpetrated against them.

LA YIFAN (China) said the Office was an office of all human rights for all. China was pleased that the High Commissioner recognised that economic, social and cultural rights had not been treated equally with civil and political rights, and that she intended to take measures to correct this situation. That she also referred to the unbalanced composition of the Staff of the Office and that she would take measures to correct this was also positive, but it was regrettable that the real situation had not improved, and rather had deteriorated. The technical causes given were acknowledged, but this could not justify such a persistent problem.

Member States attached great importance to human rights and to the Office of the High Commissioner for Human Rights, and it was hoped that the High Commissioner would use the doubling of the budget to solve the problem of unbalanced representation of her Office. The unbalanced representation was, to a great extent, a problem that had been left the High Commissioner by her predecessors, and it was hoped she would not leave it to her successor.

TOUFIQ ALI (Bangladesh), thanked the High Commissioner for her frank statement. Referring to the staffing of the High Commissioner’s Office in regard to the geographical distribution of the staff, Bangladesh believed that addressing this question could no longer be postponed. Specific measures had to be implemented. Bangladesh asked the High Commissioner to provide information on how much of the budget of the Office came from the core of the United Nations budget and which percentage came from extra-budgetary funding. It also asked the High Commissioner how many staff being funded be their own governments were now at the Office.

On the right to development, Bangladesh proposed the creation of an international legal instrument that took into account all aspects of this right. There was a correlation between development, democracy and the fulfilment of all other rights. In fighting the defamation of religions, it was important to strengthen the dialogue between civilizations, find shared values and build alliances based on mutual respect.

MOHAMMED LOULICHKI (Morocco) said that although the High Commissioner had been implementing a plan of action to rectify the imbalanced geographical representation of staff in her Office, the fundamental recommendations were not respected. The Joint Inspection Unit had observed that the situation did not respect a fair representation and even that the situation had deteriorated. The recruitment of professionals from the developing countries might rectify the situation and Morocco hoped to see the realization of the review of the recruitment procedure of the Office of the High Commissioner. With regard to the draft convention on the rights of persons with disability, its adoption would be vital with regard to the effective protection of those persons. It was expected that the General Assembly would take action on the draft convention.

ABDOUL WAHAB HAIDARA (Senegal) said the problem of availability of documents had two levels to it: first, the availability in time allowed for in-depth and considered consideration within the regional groups; and the linguistic versions that allowed participation of all delegations. However, efforts of the Secretariat to remedy the availability of documents should be recognised. The collective action undertaken by Ms. Arbour was recognised.

CLEMENCIA FORERO UCROS (Colombia), speaking as a concerned country, thanked the High Commissioner for her report. Colombia considered as positive the acknowledgments made in the report on achievements in the country dealing with protection, implementation of recommendations, efforts made towards peace, establishment of framework laws, ratification of international treaties, and drafting of the National Education Plan on Human Rights. These improvements had been achieved in difficult circumstances arising from armed groups operating outside of the law.

The report also highlighted the positive steps taken by the Government on the military and police presence in the whole country, as a necessary element to guarantee security and the protection of the rights of all Colombians. Colombia stressed especially the condemnation from the Office of the High Commissioner on the lack of knowledge and constant violation of humanitarian norms on the part of unlawful armed groups, actions that were affecting in particular civilians. As President Uribe had stated in his statement in the General Assembly, “it is high time the international community forced violent groups in a peremptory fashion to make peace without any delays. The Government is as determined to implement security as it is strict in the full respect of democratic rules, and remains open and generous in a search for peace”.

ASSAD OMER (Afghanistan), speaking as a concerned country, said that the report on Afghanistan was prepared thanks to the technical assistance provided by the Office of the High Commissioner. The report had been compiled in cooperation with the mission of the UN to Afghanistan, and national and international actors in the country, including the Afghan Independent Commission for Human Rights. The Government was conscious that the challenges were numerous and the various international human rights conventions were not fully implemented. However, the Government had a firm will to improve the promotion and protection of human rights in order to reach its objectives. The persistence of terrorism and drug trafficking had affected the image of the country. The civilian population was suffering from attacks coming from the outside of the country. The violence was daily, affecting all regions of the country. Nevertheless, the Government was defending the people and it was making efforts to eradicate international terrorism in the region.

Poverty was another variable of the protection of human rights and remained one of the great challenges in Afghanistan. A segment of the population were subjected to extreme poverty and were deprived of their rights to access to drinking water, housing, education and health, among other things. This year, the country was faced with drought, which threatened 2 million people with famine. Since 2001, there had been considerable progress in the country, as it was indicated in the report. There was now a constitution, a President and a national assembly elected democratically. Freedom of expression was established. It was also important to speed up the reform of the judiciary, to guarantee more economic and social rights, and to put an end to impunity.

Right of Reply

PITCHAYAPHANT CHARNBHUMIDOL (Thailand), speaking in a right of reply, said with regards to the statement made by the Asian Indigenous and Tribal Person’s Network on recent events in Thailand, the country was going through a necessary transition process to strengthen its democracy. Thailand would emerge from this as a stronger and more vibrant society, with the help of its civil society. The Army was determined to intervene only briefly to restore peace, justice and stability in the country. A civilian Government under a civilian Prime Minister would soon be in place, and the democratic reform, undertaken with participation of people from all walks of life would lead to a new Constitution and democratic elections within one year. The Human Rights Council was reassured that the conduct of Thailand’s foreign policy would continue to be guided by the spirit and principles enshrined in the United Nations Charter.
HASMIK SIMONYAN (Armenia), speaking in a right of reply, said the problem of missing persons was a disturbing matter for Armenia and for Nagorno-Karabakh as thousands of persons had disappeared during the conflict. Azerbaijan should participate in equitable and non-politicised actions to resolve this problem, and all parties should be engaged in the issue to this end.


For use of the information media; not an official record

HRC06051E