HUMAN RIGHTS COUNCIL OPENS FIFTH SESSION

The Human Rights Council this morning opened its fifth session, hearing an address by the United Nations High Commissioner for Human Rights and taking up the reports of the Special Rapporteurs on the independence of judges and lawyers, and on racism, racial discrimination, xenophobia and related intolerance.

In opening remarks, Louise Arbour, High Commissioner for Human Rights, said that today the Council embarked in a last effort to ensure that solid foundations supported an institution meant to last. Cooperative efforts were still required to bring the Council’s institution-building efforts to completion. Once its operative framework and modalities were firmly in place, the body was expected to devote its undivided attention to the many long-standing and emerging human rights situations that demanded action. In this endeavour, the Council should continue to draw from the expertise and resources of the Special Procedure system, which represented a critical component in the protection and promotion of human rights and stood as one of the most important legacies of the Commission on Human Rights. Ms. Arbour believed that the most innovative feature of the Council, the Universal Periodic Review, would develop into a leading instrument for the protection and promotion of human rights in a universal, country-specific and authoritative way.

Luis Alfonso de Alba, President of the Council, in an opening statement, said the Council was facing a situation of historical relevance and importance. The human rights structure of the United Nations should be improved through the Universal Periodic Review. The General Assembly had entrusted the Human Rights Council with the rationalisation of the formats of the human rights system, such as the Special Procedures and the Complaints Procedure. The Council attached great importance to these mechanisms. It was important that in the final stage on institution building, the efforts put in would match the responsibility put on the shoulders of the Council. There was a need to strike agreements on the main aspects on institutional questions. A clear framework should be constructed where the system could be fleshed out.

Sigma Huda, the Special Rapporteur on Trafficking in Persons, had been scheduled to present her report at the meeting, but the President said she would not be able to attend due to circumstances beyond her control. She would present her report at a later date, which was still to be decided.

Leandro Despouy, the Special Rapporteur on the independence of judges and lawyers, in presenting his reports, said harassment, intimidation, threats, forced disappearances, assassination and extrajudicial murder of prosecutors were serious issues in many countries. The Human Rights Council should intensify its work and examine the magnitude of the problem. Normal functioning of the judicial system was undermined through corruption, slowness of justice, and poor access to justice. These were among the problems that affected large sectors of society, especially the most vulnerable groups. New phenomena in the strengthening of laws to fight against terrorism went beyond what was acceptable in normal circumstances and the Special Rapporteur proposed an international instrument to deal with this, applicable to all States irrespective of judicial systems, and in compliance with international conventions and treaties.

Doudou Diène, the Special Rapporteur on racism, racial discrimination, xenophobia and related intolerance, presenting his reports, said the report on the principle political platforms inciting to racial discrimination in Europe, Asia, Africa, South America, North America and the Middle East, confirmed the trends noted in the previous report, such as the banalisation of racism, the penetration of political platforms with racist programmes on questions relating to asylum and terrorism, among others, and the increased intellectual legitimacy of those platforms. Two increasing trends could be noted: on one side, the ethnic and racial understanding of political, economic and social questions and on the other, the ideological and political treatment of immigration as being a threat to national identity. The perpetuation of racist violence and xenophobia constituted the major threat to the deepening of a democratic process.

Speaking as concerned countries were the Representatives of the Maldives, the Democratic Republic of Congo, and the Russian Federation.

Within the context of the interactive dialogue, Representatives of the following States took the floor: Australia, Germany for the European Union, Brazil, Mexico, Republic of Korea, Argentina, Uruguay, India, China, Pakistan on behalf of the Organization of the Islamic Conference, Bangladesh, Russian Federation, Philippines, Peru, Morocco, Cambodia, Indonesia, Georgia, Belgium, Djibouti, Venezuela, New Zealand, Japan, Canada, United States, Democratic People's Republic of Korea, and Tunisia.

At the beginning of the meeting, the Council adopted its agenda and programme of work.

This next meeting of the Council will be at 3 p.m. this afternoon when it will conclude the interactive debate on the independence of judges and lawyers and on racism and racial discrimination, after which it will take up the reports of the Special Rapporteurs on the right to food, on toxic and dangerous products and waste, and on adequate housing.

Opening Statements

LUIS ALFONSO DE ALBA, President of the Human Rights Council, welcomed all the delegations and thanked them for their efforts during the first year of the Council. The last months were filled with intense work and they should see the results of it these days. During this session, there would be the opportunity to have a dialogue and hear reports and testimonials. Furthermore, a follow up concerning the human rights situation in Palestine, Sudan and Lebanon would be carried out. The emphasis was on a need for cooperation. The task was the institutional consolidation of the Human Rights Council. For a year, several aspects of the process had been discussed. Thanks to the work of facilitators and other groups, he, as President, had been able to engage in a consolidating process.

The Human Rights Council was facing a situation of historical relevance and importance, the President said. The human rights structure of the United Nations should be improved through the Universal Periodic Review. The General Assembly had entrusted the Human Rights Council with the rationalisation of the formats of the human rights system, such as the Special Procedures and the Complaint Procedure. The Council attached great importance to these mechanisms. The general framework where the Council would be carrying out its work would be looked at. A balance between predictability and flexibility should be built.

It was important that in the final stage of institution building, the efforts put in would match the responsibility put on the shoulders of the Council, Mr. de Alba said. One should go beyond debates to arrive to concrete solutions. There was a need to strike agreement on the main aspects of institutional questions. A clear framework should be constructed where the system could be fleshed out. The experience and commitment of the Office of the High Commissioner for Human Rights had been extremely useful in dealing with the themes that had been placed before the Council.

LOUISE ARBOUR, United Nations High Commissioner for Human Rights, said the Council was preparing to celebrate its first anniversary and to complete a crucial phase of its efforts in institution building. The painstaking work of the six facilitators had contributed to guiding and framing a constructive debate on the institution-building process which saw the active engagement of all Members. The Council’s discussions also benefited from civil society’s innovative ideas, participation and thoughtful contributions. In the course of the coming week, all this hard work would come to fruition as the Council embarked in a last effort to ensure that solid foundations supported an institution meant to last.
Since last March, the High Commissioner had, she said, undertaken two substantial missions, one to Central Asia and one to the Great Lakes Region of Africa. She was greatly encouraged by the availability of her interlocutors in Central Asia to tackle difficult issues and persisting human rights problems in a frank and open-minded fashion. In the four countries visited, Kyrgyzstan, Tajikistan, Kazakhstan and Turkmenistan, a better balance should be found between the powers of the executive on the one hand, and those of the judiciary and legislature on the other. The latter was still too weak to provide effective enforcement of human rights. The progress made by each Government in embracing international human rights obligations was to be commended.

Upon her return from Africa, Ms. Arbour said, she had the opportunity to brief the Security Council on the situation in the Democratic Republic of the Congo, as well as the Peace-Building Commission on the situation in Burundi. She had also visited Rwanda. Ms. Arbour said she believed there was significant potential for sustainable peace and development in the region; but the risk of further outbreaks of large-scale violence and return to conflict, with inevitably ensuing human rights abuses, could not be discounted, particularly in the Democratic Republic of the Congo. Grave human rights challenges remained daunting. Discrimination, and a dearth of enjoyment of economic and social rights affected much of the region. Today, the biggest threat to security in the Great Lakes was the prevailing culture of impunity. The periodic cycles of extreme violence that these countries had undergone could not be broken unless Governments demonstrated that perpetrators of human rights violations would be held accountable.

The Council had been regularly briefed on her missions, Ms. Arbour said, and on other activities of the Office of the High Commissioner for Human Rights. A comprehensive description of efforts and progress was to be found in the Annual Report 2006. This Report reviewed the implementation of the 2006-2007 Strategic Management Plan during the first half of the biennium. It covered the entirety of the Office’s work, including both those elements funded under the United Nations regular budget, and those funded from voluntary contributions.

Cooperative efforts were still required to bring the Council’s institution-building efforts to completion, Ms. Arbour said. Once its operative framework and modalities were firmly in place, the body was expected to devote its undivided attention to the many long-standing and emerging human rights situations that demanded action. In this endeavour, the Council should continue to draw from the expertise and resources of the Special Procedures system, which represented a critical component in the protection and promotion of human rights and stood as one of the most important legacies of the Commission on Human Rights. Civil society would also continue to play its vital role in the activities and priorities of the Council. Ms. Arbour believed that the most innovative feature of the Council, the Universal Periodic Review, would develop into a leading instrument for the protection and promotion of human rights in a universal, country-specific and authoritative way. Reaching an agreement on its framework was not an easy task, but the Council was set to achieve that goal.

Reports of Special Rapporteur on the Independence of Judges and Lawyers

The Council has before it the report of the Special Rapporteur on the independence of judges and lawyers, Leandro Despouy (A/HRC/4/25), which sets out the activities of the Special Rapporteur during 2006, and provides an overview of the main findings from the last 12 years. The Special Rapporteur recommends that the Human Rights Council devote even greater attention to the administration of justice and judicial independence. Mechanisms to defend the judiciary should be strengthened, in particular through the office of the Special Rapporteur, whose sphere of action should be enhanced. Furthermore, the Special Rapporteur underlines the urgent need for the United Nations to make justice a priority both when providing assistance to States and when reviewing its own institutions. Lastly, the Special Rapporteur recommends that in its endeavours the Council should draw on the contributions and experience of national and international jurists’ organizations established to defend judicial independence. Since grave human rights violations have been observed in states of emergency, the Special Rapporteur suggests that an international declaration should be drafted to consolidate the body of principles and case law that govern the protection of human rights in such circumstances. Against the backdrop of the dramatic deterioration of the situation in Iraq and the judgements handed down by the Supreme Iraqi Criminal Tribunal, the Special Rapporteur recommends that the United Nations contribute to the establishment of an independent tribunal to comply with international standards on human rights.

Addendum 1 to the report reflects specific situations alleged to be affecting the independence of the judiciary or violating the right to a fair trial in 63 countries. Further, it presents any replies received from the Government concerned in response to specific allegations together with the Special Rapporteur's comments and observations.

Addendum 2 contains the report of the Special Rapporteur on his mission to the Maldives. He finds that the Maldives judiciary lacks independence, and that prolonged pretrial detentions without appropriate judicial review and trials without the accused being represented are commonplace. Other shortcomings of the judicial system in the Maldives include a lack of judges and lawyers in the vast majority of the territory, and criminal investigations are solely in the hands of the police, without any review role by prosecutors or judges. The Special Rapporteur concludes that urgent in-depth reforms are needed if the Maldives judiciary is to meet minimum international criteria for independence and efficiency, and, among other things, he recommends the establishment of the post of an independent Prosecutor-General, as part of the Cabinet.

A third addendum sets out the preliminary report of the Special Rapporteur on his mission to the Democratic Republic of the Congo, where he finds the judicial system is in an alarming state: there are far too few judicial personnel; judges do not have the logistic and physical facilities they need to perform their duties in a dignified and professional manner; and judges are not adequately paid, which encourages almost systematic corruption. Interference by the executive authorities and the army remains very common. Gaining access to justice is very difficult for the majority of the population, and in most cases where it is possible to conclude a trial, the courts' decisions are not enforced. Very alarmingly, most human rights violations are committed by the armed forces and the police and fall within the jurisdiction of military tribunals. The judicial system is rarely effective and human rights violations, including rapes, summary executions, arbitrary detention, and looting, generally go unpunished. The Special Rapporteur then makes a number of preliminary recommendations to address those shortcomings.

Introduction of Reports of Special Rapporteur on the Independence of Judges and Lawyers

LEANDRO DESPOUY, Special Rapporteur on the Independence of Judges and Lawyers, briefly summarized the reports, missions and activities of his mandate over the last year. Harassment, intimidation, threats, forced disappearances, assassination and extrajudicial murder of prosecutors were serious issues in many countries. He said 55 per cent of the communications across 54 different countries involved denunciations of judges and prosecutors, and the phenomenon was widespread. Often the authorities provided inadequate protection and crimes were unpunished. The Human Rights Council should intensify its work and examine the magnitude of the problem. Normal functioning of the judicial system was undermined through corruption, slowness of justice, and poor access to justice. These were among the problems that affected large sectors of society, especially the most vulnerable groups. Cultural, economic and social factors affected the process of judicial power and restricted the judiciary’s power. Often it was not possible to attain standards of due process. The independence of judges and the executive branch was often just a formality, and judgments of civilians by military tribunals, and laws brought in to aid the fight against terrorism inhibited the actions of justice and gave wide powers to the executive. Amnesty and habeas corpus were threatened. In many cases countries did not comply with rights to asylum and the risk of torture in countries of origin. Uzbekistan was a case in point. All Government measures in the face of crisis should comply with international standards.

New phenomena in the strengthening of laws to fight against terrorism went beyond what was acceptable in normal circumstances and Mr. Despouy proposed an international instrument to deal with this, applicable to all countries irrespective of judicial sytems, and in compliance with international conventions and treaties. A seminar could be held to prepare guidelines on the elaboration of such an instrument. Concerning the High Criminal Tribunal in Iraq and the case against Saddam Hussein, he had been concerned about violations of international human rights standards, limitations in statutes, violence during the trial and other issues. His pessimistic outlook had been confirmed. Concerning his visit to the Maldives, many institutions combined common law and Sharia law, and economic and social changes due to the growth of tourism made it difficult to modernize standards there in human rights. He thanked the Government for enabling the analysis of problems and deficiencies in the judicial branch and agreeing on the need for in-depth implementation of reforms. Justice was to applied in expeditious ways and in keeping with international standards. The Special Rapporteur encouraged progress in the country.
In the Democratic Republic of the Congo, Mr. Despouy said he had received strong input from Government and United Nations actors. A new Constitution and democratic elections in 2006 represented major progress. Two remaining challenges were the rule of law and democracy based on the separation of powers. Senior magistrates and tribunals were lacking in all territoiroies. Justice was slow and ineffective. Rape of women and arbitrary executions, and destruction of property often met with impunity. The Special Rapporteur encouraged the Government to implement the measures proposed in his report, strengthen the budget and ensure reconstruction of the judicial branch. The Democratic Republic of the Congo was rich in natural wealth and exploitation of these had not brought benefits. Continued pillaging of the resources was a problem. Proper planning and recovering of these resources was essential for economic and social welfare. He hoped his request for visits to Tunisia, Iraq and Sri Lanka would be approved. The Russian Federation was thanked for its invitation.

Reports of Special Rapporteur on Contemporary Forms of Racism and Racial Discrimination

The Council has before it the two addenda to the report of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, Doudou Diène (A/HRC/4/19/Add.1 and Add.3). The first addendum gives an account of the communications sent to Governments by the Special Rapporteur between 31 January 2006 and 30 April 2007. It also contains in summary form the replies received from Governments to his communications during the same period, as well as observations of the Special Rapporteur where appropriate.

The third addendum contains the report of the Special Rapporteur on his mission to the Russian Federation. While finding no State policy of racism, the Special Rapporteur concludes that Russian society is facing an alarming trend of racism and xenophobia, with an increasing number of racially motivated crimes and attacks; the growing level of violence with which some of these attacks are carried out; the extension of this violence to human rights defenders, intellectuals and students engaged in the combat against racism; the climate of relative impunity that the perpetrators of such acts enjoy; the rise of anti-Semitism as well as other forms of religious intolerance, in particular against Muslims; the existence and the increasing importance of political parties with racist and xenophobic platforms; and the virtual correspondence of the social, economic and political marginalization with the mapping of ethnic minorities and other discriminated groups in the Russian Federation. Among recommendations, the Special Rapporteur calls for the adoption of a federal plan of action to combat racism, racial discrimination, xenophobia and related intolerance, designed in consultation and with the participation of all actors concerned, including democratic political parties, independent human rights organizations and communities concerned.

Introduction of Reports of Special Rapporteur on Contemporary Forms of Racism and Racial Discrimination

DOUDOU DIENE, Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, presented three reports. The report on political programmes inciting to racial discrimination was an update of his previous report. The report on the principle political platforms inciting to racial discrimination in Europe, Asia, Africa, South America, North America and Middle East, confirmed the trends noted in the previous report, such as the banalisation of racism, the penetration of political platforms with racist programmes on questions relating to asylum and terrorism, among others, and the increased intellectual legitimacy of those platforms. In the conclusions, the importance of the expression of a strong political and ethical vigilance to oppose the penetration of racist platforms to political parties and to avoid giving them political power was expressed. Two increasing trends could be noted: on one side, the ethnic and racial understanding of political, economic and social questions and on the other, the ideological and political treatment of immigration as being a threat to national identity.

All of those trends indicated that the immigrant was a species in danger and required the greatest vigilance of the Human Rights Council, Mr. Diene said. The representation of ethnic minorities was important in political life to bring an end to the discrimination against them. The adoption of legal, political and administrative measures in this regard was also recommended. Regarding the Special Rapporteur’s visit to Russia, an alarming trend in racism and xenophobia could be noted there, he said. The extension of violence to members of human rights organisations and intellectuals could be observed. The rise of anti-Semitism, Islamophobia and political platforms inciting to racial discrimination were noted as well. This was linked to two trends: on one side, the ideological basis of the rise of racism was set through the ethnic interpretation of nazi groups and extremism of a political nationalism. On the other side, the profound economic crisis had provided a fertile ground for nationalist ideologies.

A strong will to combat racism was recommended, Mr. Diene said. A federal programme to fight racism and xenophobia and an establishment of an independent institution were also recommended. The legal structures should also be strengthened. A cultural and ethical strategy should be adopted. Russian society had two major advantages in the combat against racism: on one side, the deeply routed multiculturalism and on the other, the historic legacy to fight nazism. The perpetuation of racist violence and xenophobia constituted the major threat to the deepening of a democratic process in Russia.

Statements by Concerned Countries

MOHAMED JAMEEL AHMED (The Maldives) said the report of te Special rapporteur on the indpendence of judges and lawyers, Leandro Despouy, came at a time when the Maldives was taking significant strides in strengthening the legal and judicial sector, and bringing the legal and judicial systems of the country into line with international norms and standards. The objective ofh the legal and judicial reform programme was clear: a system that respected the three arms of Government, and protected individual liberties and fundamental freedoms. Once complete, it was hoped that the legal and judicial system of the Maldives might serve as a model where Islamic principles coexisted in harmony with modern legal and human rights norms. As recognised by the Special Rapporteur in his report, the Maldives did not inherit a political and legal system of the colonial powers, and it had therefore evolved in a unique manner.

The Government of the Maldives was committed to review the recommendations of the Special Rapporteur thoroughly over the coming months, and important progress had already been made in many of the areas identified by the Special Rapporteur. A Judicial Services Commission, mandated to advise the President on the appointment and dismissal of judges and to advise the appropriate authority on behavioural standards for judges had already been established. In the area of capacity-building and training, similarly important progress had been made. The Government had recently nominated the first ever female judges to the Judicial Services Commission. The report was a very useful and helpful contribution to judicial reform in the Maldives; however, without effective implementation of its recommendations, the report and the effort that had gone into compiling it would prove worthless.

EUGENE LOKWA ILWALOMA (Democratic Republic of the Congo), speaking as a concerned country, said his delegation watched very closely the report of the Special Rapporteur on the independence of judges and lawyers who had visited the country from 15 to 21 April. The Democratic Republic of the Congo had held its first democratic elections after 40 years of totalitarian government and 10 years of war, and it was essential to guarantee human rights and fundamental freedoms enshrined in the separation of powers in judicial branches. The international community was thanked for its support. War had had negative effects on the country’s institutions and the rule of law. The Government had adopted a number of measures. The President had issued last year a law pertaining to the status of judges, to be followed by legislation on the superior council of judges. Recently a number of laws were prepared by State counsel and others and these would soon be submitted to the Government. The new Government would be seeking solutions in partnership with others but had already decided that the fight against impunity would be a priority. Legislation had been submitted to pursue the elimination of torture, and to support the restoration of justice in the Eastern part of the Republic, including courts’ facilities. The Minister planned a meeting on the penitentiary system. Homogenization of national legislation on the justice department was under way. One example was the transfer to civilian courts of the ability to judge very serious offences. He hoped the arduous process of shoring up of the rule of law and democracy and the need for an independent judiciary would enjoy continued support.

VALERY LOSHCHININ (Russia), speaking as a concerned country, said that the Special Rapporteur had visited Russia and he was thanked him for the visit. In inviting the Special Rapporteur, the purpose of his visit was supposed to be an impartial observation of the Russian society. But the report had become politicised and one sided. The information provided by the official side had not been used. The document was not acceptable conceptually speaking. Much more time had been given to individual non-governmental organizations. An arbitrary choice could be noted. To draw then from such information such conclusions was not wise. In Russia, there were cases of racial intolerance. But to interpret the political situation in such a way was not part of the mandate of the Special Rapporteur.

This kind of thinking could not be accepted, especially when talking about an economic crisis in the country. Concerning the identity of the people, there were problems between the different nationalities but Russia was trying to overcome them. The Special Rapporteur should focus on the problems themselves. Russia counted on a constructive dialogue, which had unfortunately not occurred. The Special Rapporteur should have used impartiality and objectivity. Therefore, Russia saw the development of a code of conduct concerning the Special Procedures as very important.

Interactive Dialogue

CAROLINE MILLAR (Australia) said strengthening judicial independence and the rule of law was key to protecting human rights. The Government remained deeply concerned at the compromised state of the judiciary in Fiji following the removal of the Chief Justice by the military, and reports of harassment and detention of lawyers. Any comments the Special Rapporteur could make on this situation would be welcomed.

The appalling recent events in Zimbabwe continued to show the Government’s contempt for the rule of law and human rights. The Government refused to abide by judicial decisions, and ignored the right to a fair trial, and the Special Rapporteur should express himself on this. Given these and other challenges in the field, the efforts of the Special Rapporteur to reinforce the rule of law were commended, and fully supported by the Government of Australia.

ANKE KONRAD (Germany), speaking on behalf of the European Union, addressing the Special Rapporteur on contemporary forms of racism, said that the European Union shared his concerns about the spread of racism. In order to act more effectively against racism, the Council of Ministers of the European Union had recently taken an important framework decision that established that intentional conduct publicly inciting to violence or hatred against a group of persons or a member of such a group defined by race, colour, religion, descent or national or ethnic origin was punishable in all Member States. Were there similar initiatives to European Union legislation in other countries and were checks and balances available to guarantee functioning of democracy and freedom of expression, association and the press? In response to the report of the Special Rapporteur on the independence of judges and lawyers, which provided a very interesting overview and analysis, how could the activities of the Special Rapporteur be expanded with regard to the harassment and intimidation of the judiciary in various parts of the world? The European Union requested a briefing on the situation in Cambodia and the visit that the Special Rapporteur would be undertaking and whether it formed part of the follow up to the High Commissioner’s mission? The European Union was deeply concerned about the situation of human rights in Sri Lanka, and asked if the Special Rapporteur had expressed a wish to visit that country and what concerns he would investigate in Sri Lanka and whether there had been a reply to a request for a visit.

SERGIO ABREU E LIMA FLORENCIO (Brazil) underscored the high value of the report by the Special Rapporteur on racism and racial discrimination. It was an alert to the international community. The General Assembly had expressed its deep concern given the recent attempts to established hierarchies between stages of racism. Regarding the resolutions concerning the incompatibility between democracy and racism, Brazil wanted to adopt measures to bring an end to these new forms of racism. Brazil was carrying out efforts to strengthen the International Convention on the Elimination of all Forms of Racial Discrimination in the Americas. This should craft political and legal strategies in the Americas. A link to fight racism, discrimination and the construction of a lasting equal multicultural society should be established. The President of Brazil offered his good services therefore.

JUAN MANUEL GOMEZ ROBLEDO (Mexico) said with regards to the report on the independence of judges and lawyers, the thinking on the legal principles that governed exceptions was supported. There was a need to consolidate principles and practices in this area, and a seminar should indeed be held in 2007 under the auspices of the Office of the High Commissioner for Human Rights. Often the suspension of guarantees occurred without any formal declaration by the State of a state of exception. This should be linked more broadly to the fight against terrorism. On the restriction of human rights with regards to this fight, further elaboration was required. When it came to the use of the death penalty, Mexico rejected this, and had signed the Optional Protocol in this regard. The Special Rapporteur should explain how he considered that the Council and States could contribute to ensuring that tribunals complied with the standards recommended by international humanitarian organizations, particularly with regards to due process and the rules governing international courts that were established in recent years.

On the report of the Special Rapporteur on racist and racist discrimination, the impact of the discourse of extremist groups on the political agendas was very worrying, as they used the language of fear and exclusion with regards to such groups as immigrants and refugees. Mexico would be working to reduce racial discrimination against people of African extraction. The Special Rapporteur should continue to identify practices which were due to discrimination.

DONG-HEE CHANG (Republic of Korea) said the report of the Special Rapporteur on the independence of judges and lawyers was appreciated but it could have been better had it more closely impacted on the judiciary rather than covering overlapping issues covered by other rapporteurs. There should be closer coordination with other Special Rapporteurs including over communications, analysis and recommendations, to enhance synergy and avoid duplication. On strengthening mechanisms of the judiciary, could the Special Rapporteur elaborate on the field of actions of the Special Rapporteur he had in mind?

Concerning the report of the Special Rapporteur on racism and racial discrimination, racism and xenophobia posed a risk to human rights and threatened the peaceful coexistence among States. The Republic of Korea believed there was a need to step up the fight against situations where racism and xenophobia were tolerated.

SERGIO CERDA (Argentina) said that the reports of the two Special Rapporteurs provided substance to the work of the Human Rights Council. Concerning the report of Leandro Despouy, the Special Rapporteur on the independence of judges and lawyers, Argentina confirmed its fight against impunity. With regard to the revision of mandates, especially Special Procedures, the Special Rapporteur could also look into justice in the future. Argentina wanted to hear the Special Rapporteur’s view on that topic. In the area of institutional design, Argentina was following the negotiations on the code of conduct for Special procedures. When it came to the Universal Periodic Review, there should be reports of non-governmental organizations as well.

PAULINE DAVIES (Uruguay) said with regards to the report of the Special Rapporteur on the independence of judges and lawyers, the factors that could condition this independence ranged from threats to murders, killings and forced disappareances. These affected the servants of justice working on a range of issues including trafficking, organised crime, murder and drugs. Regarding the independence of justice, there were cases of corruption with regards to the naming and appointing of judges with regards to political affinity. Uruguay was in favour of the work carried out by the Special Rapporteur, and highlighted the recommendation in paragraph 73 that the United Nations should include the experience and knowledge of international organizations when considering judges.

With regards to the report of the Special Rapporteur on racism, political leaders played an important role in the fight against racism, xenophobia and racial discrimination. The political system should include vulnerable groups facing racism and discrimination through systems that would improve the lives in the country. The situation of immigrants who had left their home country due to a lack of standard of living should be taken into account. More egalitarian societies should be built, and the awareness of populations with regards to the existence of racism be increased.

SWASHPAWAN SINGH (India) said the Government of India was conscious of the caste-based discrimination in the country and it had made efforts to empower disadavantaged sections of society since the time of independence. Constitutional, legal and administrative measures were in place, and the country was committed to continued efforts within the democratic framework. However, the caste system was not unique to India, was not racial in origin, and could not therefore be considered a form of racial discrimination. Reference to the caste system, in the context of the Special Rapporteur’s study, was not relevant.

REN XIAOXIA (China) said concerning the report of the Special Rapporteur on racism and racial discrimination, it understood the phenomenon of racism and xenophobia as well as its new forms. There was much space in the report devoted to cultural analysis and continental points, as well as politically motivated speeches and platforms. As a result, the report had a clear focus. The Special Rapporteur mentioned that terrorism could not be equated to certain religions. China had always maintained that terrorism should never be linked to religious belief.

Concerning the racially charged platforms, China believed that such a cultural supremacy, although less visible, was a new copy of racial supremacy. The population was not familiar with non-mainstream culture and would therefore easily allow such rightist propaganda. China appealed for more opportunities given on non-mainstream culture so that civil society could have a full understanding of all the cultures involved.

TEHMINA JANJUA (Pakistan), speaking on behalf of the Organization of the Islamic Conference, said with regards to the report of the Special Rapporteur on racism, the report was another courageous one, and the Special Rapporteur had not shied away from addressing the worrying trends of racism and xenophobia. He had been extremely forthright in highlighting contemporary manifestations of racism and reasons of this phenomenon. The most serious manifestation in the campaign against racism was the shift from words to action as reflected in the resurgence of the racist violence and democratic legitimisation of racism and xenophobia. Intellectual and political resistance to multiculturalism was one of the root causes of the resurgence of racist and xenophobic violence. Intolerance and rejection of diversity had led to the defamation of religions, particularly Islamophobia.

The Organization of the Islamic Conference continued to remain concerned about the ominous return to racism and the rise of Islamophobia. The Special Rapporteur was thanked for his analysis of the seriousness of this, which had been egged on by the growing tendency to associate Islam with violence and terrorism; policies and measures that stigmatised or criminalized national or foreign minorities of Muslim faith, and; rejection of diversity and multiculturalism. The Human Rights Council could not ignore the alarming signs of regression in efforts to combat racism, racial discrimination and xenophobia, and should take measures for the implementation of the recommendations of the Special Rapporteur in order to arrest the phenomena of incitement to hatred, violence and all forms of racism.

MUSTAFIZUR RAHMAN (Bangladesh) expressed the appreciation of Bangladesh for the objective and impartial assessment of the Special Rapporteur on racism and racial discrimination. His findings in Europe were particularly alarming, especially the growing “democratization” of the problem through the spread of racist and discriminatory platforms in political discourse. The situation was worsened by terrorism. The tendency to a hierarchy of freedoms that elevated freedom of expression above others had exacerbated the problem. The association of terrorism with Islam had led to an upsurge in Islamophobia and non-acceptance of Islamic culture and worship. The Special Rapporteur had said that combating racism would be both political and legal – governments should accordingly support legal mechanisms in line with the Durban Declaration. Intercultural dialogue would be essential for societies undergoing multiculturalisation. Bangladesh shared the need for a careful balance between freedom of expression and freedom of religion. Rights should not be expressed without respect and responsibility.

YURI BOYCHENKO (Russia) said in the report of the Special Rapporteur on the independence of judges and lawyers, the analysis of the principles ensuring proper courts and judiciary was very important. What kind of recommendations could the Council and the Special Rapporteur undertake. Russia considered the report as important and called upon the Special Rapporteur to continue his work within his mandate. Concerning the Special Repporteur’s visit to Russia which had been planned for April, Russia had made all the necessary efforts to prepare for the visit. All the necessary meetings at all levels were planned. But a request was received to postpone the visit a few days before it was supposed to take place.

JUNIVER MAHILUM-WEST (Philippines) said regarding the report of the Special Rapporteur on the independence of judges and lawyers, its focus on challenges to judicial systems, threats to judiciary personnel and others were appreciated. The administration of justice and the rule of law were part of the pillars of a democratic system. After the termination of the special measures in the Philippines, the power of the judiciary had been shown, with the constitutionality of Presidential Decrees and other measures declared, showing that the Supreme Court was part of the management of the country. What did the Special Rapporteur think should be done in order to strengthen his mandate in the context of the review?

With regards to the report of the Special Rapporteur on racism and racial discrimination, what needed to be done to fight for the hearts and minds of people? The Philippines agreed that integration efforts should not undermine the religious or cultural values of immigrant groups, and should not ignore their contribution to economic development. The defamation of any religion was rejected, and there should be strengthening of the intercultural and inter-religious dialogue in order to further strengthen links and promote the cause of human rights. What should be done, taking into account the vast diversity of countries, to promote the fight against racism?

JUAN PABLO VEGAS (Peru) said Peru was sensitive to the theme of judicial independence during a state of emergency, because during the 1980s and 1990s there was considerable violence and human rights violations had taken place in the country. A statement on principles and practices under states of emergency would be useful. Peru agreed with the Special Rapporteur’s suggestion of a seminar on the themes outlined.

Responding to the report of the Special Rapporteur on racism and racial discrimination, Doudou Diène, paragraph 43 mentioned a very important issue. The delegation differed regarding the use of the term “Latin America”, stating that the term referred to a cultural reality defined in contrast to North America. South America was more accurate and more geographically suited to the context, taking into account the multiple cultures of Mexico, the Caribbean and the countries of South America generally.

MOHAMMED LOULICHKI (Morocco) thanked the Special Rapporteur on racism and racial discrimination for having updated his report. Morocco assured its full support for the mandate of the Special Rapporteur. Racism and xenophobia were increasing and all should therefore fight against it. Morocco wanted to raise three fundamental questions, the importance of training and education on human rights to combat racism being the first one. Educating children on tolerance had a positive effect on multiculturalism. Morocco wanted to submit to the next session a draft resolution concerning a United Nations declaration on education and training on human rights. The second question concerned the balance between freedom of expression and the fight against racism. The conventions on this topic were extremely clear to that, determining the scope of violations and the need to oppose such violations. Morocco attached great importance to the freedom of expression but underlined that it could not be a pretext and a vehicle for racist speeches. The primordial importance of intercultural dialogue was mentioned. Concerning the report on the independence of judges and lawyers, Morocco considered this topic as a basis for democracy and the rule of law. The legislative system in Morocco guaranteed its independence.

CHHEANG VUN (Cambodia) said Cambodia had a Constitution and legislation which reinforced the respect of human rights and the rule of law in the context of a multi-party system. There were sovereign institutions, including the courts and local authorities. At all levels, these bodies were fulfilling their responsibilities with regards to the Constitution and the legislation. All foreign lawyers who wished to exercise their profession in Cambodia had to register with the Cambodian Bar Organization. The situation raised in the report in this regards had been settled three weeks ago.

GUSTI AGUNG WESAKA PUJA (Indonesia) said with regard to the report of the Special Rapporteur on the independence of judges and lawyers, Indonesia agreed on the need to maintain access to justice, but not at the expense of national sovereignty and existing legislative norms. It should be responsive to needs. States must be allowed to determine which legislation best applied to them. On the rule of law, did the Special Rapporteur agree that domestic rule of law was sufficient during states of emergency and did not necessarily have to fall under international norms, especially given the heightened imbalance in national security?

On the report of the Special Rapporteur on racism and racial discrimination, there was a need for continued international efforts to fight ethnic and racial discrimination. Politicisation of this form of intolerance was clearly demonstrated by the Special Rapporteur. The report painted a grim picture of a growing trend towards ethnic and racial intolerance. The report urged a stronger commitment and greater political will to combat intolerance. Indonesia agreed with this view, and with the belief that intercultural and inter-religious dialogue were necessary in formulating a better understanding of difference.

On the idea of a voluntary code of conduct, the Special Rapporteur on racism and racial discrimination was asked whether this would not be difficult to impose?
LEVAN MIKELADZE (Georgia) fully agreed with the conclusions of Special Rapporteur Doudou Diène that current forms of racism, racial discrimination, xenophobia and related intolerance represented a major threat not only to the rights of the victims, but also to the development of democracy and social cohesion. Georgia wanted to draw the attention to the cases of persecution and deportation of up to 6,000 citizens of Georgia that took place on massive scale within Russia for several months since September 2006, accompanied with the infringements upon their fundamental rights, in three cases resulting into the death of the deportees.

A discriminatory pattern on ethnic basis was particularly alarming with respect to the attitude taken towards Georgian children in Russian schools and educational institutions. Georgia highly appreciated the intention of the Special Rapporteur to take measures upon the issue as noted in paragraph 51 of the report on the mission to Russia and expressed its readiness for full cooperation with the Special Rapporteur on this matter.

BART OUVRY (Belgium) said concerning the report of the Special Rapporteur on racism and racial discrimination, in his chapter on the situation in Africa, he had mentioned the conflict in the Darfur region, reporting on the militia taking instructions from Governmental sources with the aim of removing black Africans from the region. How could the international community act against political platforms which fanned racial hatred and intolerance in such a context as that of Darfur, and how could the Special Rapporteur’s mandate contribute to a sustainable solution in Darfur?

The report of the Special Rapporteur on the independence of judges and lawyers was excellent, in particular with regards to the situation in the Democratic Republic of the Congo. The precise recommendations were very specific and would be highly useful in cooperating with the Democratic Republic of the Congo, where Belgium remained committed to rebuilding and re-establishing a system of justice and security, with the commitment of the Government of that country to do so.

MOHAMED ZIAD DOUALEH (Djibouti) said the report of the Special Rapporteur on the independence of judges and lawyers stressed the importance of maintaining the strengthened rule of law. The situation of judges and lawyers was not so serious as that of journalists, and the figures for 2006 gave rise to much emotion during the Council’s fourth session. However, impunity was in effect a tacit encouragement to undermining the independence of judicial systems. It was essential to ensure the safety and protection of officers of justice. The justice system in Djiboiti was fragile, and the Special Rapporteur was thanked for underscoring the needs in this area.

Thanking the Special Rapporteur on racism and racial discrimination, Djibouti underscored the need for watchfulness and complimented the Special Rapporteur on his observations. A worrying panorama was emerging. Essential values of democracy appeared to be called into question. Was analysis alone enough, as tyranny posed threats to democracy? Was it not totally unacceptable? Djibouti affirmed support for the cultural ethic used by the Special Rapporteur and the role of intellectuals and decision-makers in turning around the trends. Some observers seemed to wish to bring in a differentiation between racism and Islamophobia. There was a to-and-fro movement within the language of this discourse and there was a danger of weakness here.

JUAN ARIAS PALACIO (Venezuela) said that the strengthening of the judicial system was an important task for Venezuela to undertake. Other objectives were set forth on a code of ethics to secure impartiality and independence. Mobile tribunals were another project in Venezuela, making it possible to broaden access to courts. Venezuela welcomed that further reports would develop the questions on access to judicial systems. It shared the need to see to it that the legal system reflected the multicultural society of the country. Venezuela was engaged in a number of programmes.

AMY LAURENSON (New Zealand) said both Special Rapporteurs had produced comprehensive reports. With regards to the report of the Special Rapporteur on the independence of judges and lawyers and its application to the South Pacific, the situation in Fiji should be examined and the Special Rapporteur was asked to give his views. New Zealand was concerned about the situation in Fiji, as it raised the issue of serious human rights abuses in that country, in particular over the last six months, with reports of deaths in custody. The Special Rapporteur should comment on the situation in Fiji in the context of his mandate.

HIROSHI MINAMI (Japan) said the Special Rapporteur on racism and racial discrimination had touched on the situation in Japan. Article 14 of the Constitution prohibited racial discrimination and xenophobia, and the purpose of this article in the Japanese Constitution was interpreted as extending to the relations of private citizens through provisions of the Civil Code. In fact, there were cases in which the courts judged that acts of private citizens were invalid because of discrimination. Japan supported the long term construction of a democratic, non-discriminatory, multicultural society based of recognition of cultural ethnic and religious diversity. Japan took the issue of Dowa, Ainu and Foreign nationals seriously and promoted strategies to eliminate prejudice and discrimination against them.

NADIA STUEWER (Canada) thanked the Special Rapporteur on the independence of judges and lawyers for his report. Did the Special Rapporteur plan to examine the question of corruption in legal systems in future reports. In addition, what were mechanisms to defend the judiciary system that the Special Rapporteur wanted to see consolidated. The situation in Zimbabwe was very disturbing. The Special Rapporteur was encouraged to undertake a visit there and the Government of Zimbabwe was encouraged to support this.

VELIA DE PIRRO (United States) said with regards to the report of the Special Rapporteur on the independence of judges and lawyers, the United States was concerned about the real and substantive threats to judges and lawyers which he highlighted in his report, however, more information should be given in the next report with regards to specific incidents in specific countries, such as in Zimbabwe, where the Government was suppressing the rule of law in preparation for next year’s elections. The Special Rapporteur should focus in future on the development of his core mandate, namely the independence of judges and lawyers. The analysis of states of emergency was only tangential to the mandate, and the United States did not agree with many of his conclusions. The Special Rapporteur should avoid this in the future, as his mandate was already quite full.

CHOE MYONG NAM (Democratic People's Republic of Korea) said the Democratic People’s Republic of Korea appreciated the efforts of the Special Rapporteur against racism and racial discrimination. Discrimination against Korean nationals living in Japan remained a source of concern to the Democratic People's Republic of Korea. The international community had been made aware of the situation, yet the situation was growing harsher. The situation was very grave, and the Democratic People’s Republic of Korea urged the Special Rapporteur to carry out further investigation and to provide recommendations to remedy the problem.

ALI CHERIF (Tunisia) said that concerning the recommendations in the report of the Special Rapporteur on racism and racial discrimination, the need for States, political parties and civil society to demonstrate a clear will to combat racism was noted as being very important. There could be no tolerance of hate speeches. The Durban Programme of Action had spelt out the scope of actions to be taken. The fight against racism at the national and international level was essential, and Tunisia had carried out a lot of efforts to promote a culture of difference.


For use of the information media; not an official record

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