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HUMAN RIGHTS COUNCIL CONCLUDES GENERAL DEBATE ON HUMAN RIGHTS SITUATIONS THAT REQUIRE THE COUNCIL’S ATTENTION
The Human Rights Council this morning concluded its general debate on human rights situations that require the Council’s attention. It also heard an address by Joseph Dion Ngute, Minister Delegate in Charge of the Commonwealth at the Ministry of Foreign Affairs of Cameroon.
Mr. Ngute assured the Council of the Government’s commitment to observing, protecting and promoting human rights in Cameroon. The Human Rights Council should not operate in a vacuum or be seen as ignoring the disturbing reality of human rights violations around the world. The Council needed to show imagination and above all, determination in addressing the most flagrant abuses of human rights. Leaving behind some of the negative aspects, the Universal Periodic Review carried with it the possibility of ensuring the Council’s legitimacy and the success of the Council was dependent on the implementation of this new and promising mechanism. Cameroon also appealed for greater flexibility to foster assistance to developing countries and reminded Council members of the need to work together and to pool efforts to help all countries overcome their handicaps and to promote international norms and standards established by the international community.
Speakers in the general debate on human rights situations requiring the attention of the Council expressed concerns about allegations of gross and systematic human rights violations in Darfur, Sudan; the execution of juvenile offenders, harassment of human rights defenders and restrictions on freedoms of religion and expression in Iran; the deteriorating human rights situation in Sri Lanka which was urged to accept establishment of a presence of the Office of the High Commissioner for Human Rights to monitor the situation there; political oppression in Zimbabwe; the failure of the Democratic People’s Republic of Korea to cooperate with the Special Rapporteur on the situation of human rights in that country about the grave and persistent human rights abuses there; discrimination and marginalization of religious and racial minorities in European Union countries; limitations of freedom of speech and excessive use of force by police in France; Islamophobia and defamation of religion incidents in Denmark which were supported by the Government; human rights violations in the United Kingdom, Canada and the United States; Turkey’s harassment and killing of Kurdish people; Chinese repression of Tibetan political dissent; killings and torture of Muslims in Sri Lanka; Pakistan’s attack on the rule of law and the independence of the judiciary; and the deteriorating situation of human rights in the Middle East, especially in Iraq and the Occupied Palestinian Territory, among others. Concern was also expressed about violations of human rights in Kenya, Somalia, the Democratic Republic of the Congo, Ethiopia, Eritrea, Western Sahara, Jammu and Kashmir, Papua province of Indonesia, Bangladesh and Nepal.
Speaking in the general debate on human rights situations that require the Council’s attention were the Netherlands, Switzerland, New Zealand, Ireland, Australia, Iceland, Belgium and Iran.
The following non-governmental organizations also took the floor: Europe-Third World Centre, on behalf of severals NGOs1, International Fellowship of Reconciliation, on behalf of severals NGOs2, Baha'i International Community, Minority Rights Group International, International Commission of Jurists, Franciscans International, in a joint statement with Pax Romana, International Youth and Student Movement for the United Nations, Interfaith International, Human Rights Watch, B'nai B'rith International, speaking on behalf of Coordination Board of Jewish Organizations, International Islamic Federation of Student Organizations, Action contre la faim, International Human Rights Association of American Minorities, Commission of the Churches on International Affairs of the World Council of Churches, Asian Legal Resource Centre, in a joint statement with Lawyers Rights Watch Canada, World Muslim Congress, Union of Arab Jurists, Arab Lawyers Union, Colombian Commission of Jurists, International Educational Development, Union de l’action féminine, Centrist Democratic International, Becket Fund for Religious Liberty, Bischofliches Hilfswerk Misereor, Espace Afrique International and International Movement ATD Fourth World, on behalf of severals NGOs3.
Speaking in right of reply were the Democratic People’s Republic of Korea, China, Sri Lanka, Zimbabwe, Iran, Iraq, Colombia, Nepal, Ethiopia, Slovenia and Japan.
The Council today is holding three back-to-back meetings from 9 a.m. to 6 p.m. When the Council starts its midday meeting at noon, it will continue with its review, rationalization and improvement of mandates process concerning the Special Rapporteurs on violence against women, its causes and consequences, the situation of human rights in the Democratic People’s Republic of Korea, the sale of children, child prostitution and child pornography, and the promotion and protection of the right to freedom of opinion and expression.
General Debate on Human Rights Situations that Require the Council’s Attention
NYNKE WIJMENGA (Netherlands) noted that no country had a perfect human rights record and therefore the Netherlands welcomed the establishment of the Universal Periodic Review. However, there were situations of gross and systematic violations that were urgent and should be dealt with by the Council. The human rights situation in Sudan remained of grave concern to the Netherlands. The human rights situation in Darfur, in particular, had not improved and gross and systematic human rights violations were the order of the day. An issue of particular concern was sexual violence and other atrocities committed against women. The Netherlands urged Sudan to cooperate with the International Criminal Court. As to the situation in Iran, the Netherlands remained concerned about the execution of juvenile offenders, harassment of human rights defenders, and restrictions on freedoms of religions or belief and of expression. Iran was urged to respect its obligations under international human rights law.
The Netherlands was also very concerned about the deteriorating human rights and humanitarian situation in Sri Lanka. The Netherlands called on Sri Lanka to fully cooperate with all relevant United Nations mechanisms and to agree with the United Nations High Commissioner for Human Rights on a monitoring and advisory human rights mission in the country. On the situation in Zimbabwe, the Netherlands believed it was of utmost importance that civil society organizations could play their role in the run-up to the elections. And with regard to the situation in Kenya, the Netherlands appreciated the cooperation by the Government of Kenya with the Office of the High Commissioner for Human Rights fact-finding mission to assess the current situation and hoped the recent agreement between the parties would bring back stability to Kenya.
BLAISE GODET (Switzerland) said that each State was responsible for the implementation and promotion of human rights within its jurisdiction. Nonetheless, Switzerland observed that in a number of situations the respect for the most basic human rights was not yet a reality. Concerning the situation in Myanmar, the Council unanimously adopted, a little over five months ago, a resolution that defined specific objectives to improve the situation of human rights in that country. Switzerland was of the view that the Council could not ease up on its vigilance. The Council owed this to those, both male and female, who had risked their lives to send out a signal of distress. Switzerland reiterated its appeal to the Myanmar authorities to collaborate in the process initiated by the Council and to provide full access, without delay, to humanitarian organizations trying to reach those in need.
With regards to Sri Lanka, Switzerland urged the Government of Sri Lanka to accept the establishment of an office to monitor the human rights situation in that country. Nevertheless, as the High Commissioner stated, technical cooperation alone could not respond to the grave challenges present in Sri Lanka. Lastly, violence against civilians in the context of the conflict in Darfur was a source of great concern, particularly acts committed by the janjawid militias. Switzerland reminded all parties, in particular the Government of Sudan, to do their utmost to protect civilians and to observe all human rights standards and humanitarian law.
WENDY HINTON (New Zealand) said that New Zealand valued the various cooperative human rights bodies, including the Human Rights Council. New Zealand was ready to engage cooperatively with States in the Universal Periodic Review. The Universal Periodic Review was one of the Council’s main tools; it could help achieve essential changes in the enjoyment of human rights on the ground. Two situations were of concern to New Zealand. New Zealand remained concerned about the loss of civilian lives in Sri Lanka and it urged the authorities to continue their collaboration with the Special Procedures. New Zealand also was concerned about the political oppression in Zimbabwe. New Zealand would very much welcome the return to an equal political debate. Elections should be held according to standards and should be verified by foreign observers.
DAITHI O CEALLAIGH (Ireland) said Ireland remained deeply concerned about the situation in Darfur and was deeply disturbed by reports of renewed violence in the region, including against civilians, in the last two months. Ireland particularly deplored the aerial bombing of civilians, as well as sexual and gender-based violence against women and children. Ireland also remained concerned at the human rights situation in Somalia, the Democratic Republic of the Congo and the Ogaden region of Ethiopia. Ireland also believed that the serious human rights situation in Zimbabwe, and that in Eritrea, warranted particular international concern. The continuing deteriorating human rights position in Iran remained a source of great disappointment and concern.
Ireland also regretted the Government of Myanmar’s failure to cooperate fully with the Special Rapporteur on the situation of human rights in Myanmar, and to implement the recommendations made in his report to the body last December. The situation in Sri Lanka was also of real concern. The increasing violence and the termination of the ceasefire agreement could only have a negative impact on the already serious humanitarian and human rights situation on that country. All sides must urgently seek meaningfully and peacefully to address their differences. The consistent failure of the Government of the Democratic People's Republic of Korea to cooperate with the Special Rapporteur on the Democratic People's Republic of Korea and other relevant United Nations mechanisms must end. Ireland remained deeply concerned by the grave and persistent human rights abuses in that country.
GUY O’BRIEN (Australia) said that the ongoing conflict in Darfur was of great concern and Australia urged all parties to the conflict to facilitate the deployment of the joint United Nations/African Union peacekeeping operation and to work towards a comprehensive settlement of the conflict. In Iran, the deteriorating human rights situation was also of deep concern. In particular, Australia remained concerned about the execution of juveniles, the increase in the number of public executions and the use of cruel and unusual punishment. While Australia acknowledged that the recent power-sharing agreement in Kenya was a positive step, there was still work to be done.
With regards to the Democratic People’s Republic of Korea, Australia remained gravely concerned about the suppression of freedom of expression, religion and opinion, as well as torture and the imposition of the death penalty for political reasons. The continuing lack of democracy in Zimbabwe and the human rights abuses still present in Burma were also mentioned by the Australian delegate as situations that required immediate attention. In Burma, the regime continued to hold in detention hundreds of monks and civilians who protested peacefully.
THORBJORN JONSSON (Iceland) said that Iceland deeply regretted that the authorities in Myanmar had to date not granted the Special Rapporteur a visa to enable him to conduct his follow-up mission. The lack of collaboration was regretted. The information in the Special Rapporteur’s reports was highly disturbing. There was a continued denial of basic civil and political rights. The situation was of grave concern. The Government of Myanmar was urged to ensure full respect for human rights. The renewal of the mandate of the Special Rapporteur was fully supported. The protection of human rights in Sudan remained a challenge. In all parts of the country, human rights continued to be violated. Violence against women was widespread. The Government had the prime responsibility for protecting its citizens.
BART OUVRY (Belgium) said Belgium was concerned about the deteriorating human rights situation in Iran and especially about the execution of minors. A moratorium or an abolition of the death penalty would lead to more respect of human rights. Belgium called upon the Iranian authorities to eliminate all forms of discrimination against women or discrimination based on religious or ethnic differences. Information on human rights abuses against the Baha’i community in Iran was of particular concern. Belgium was also concerned about the human rights situation in Sudan. Belgium called upon the Government of Sudan to cooperate with the international community due to the urgent nature of the situation. Violence against women in Sudan was unacceptable, as it was anywhere in the world, and impunity could not be accepted for the perpetrators of these crimes. The Government of Sudan was urged to cooperate with the International Criminal Court. The Universal Periodic Review and the presence of many countries in this new procedure proved that there were more and more instruments to make an improvement to the human rights situation throughout the world. Belgium was pleased that Sri Lanka would be subjected to this Review. There were continuing human rights abuses in that country.
ALI BAHREYNI (Iran) said that the situation of religious and racial minorities in European Union countries was alarming. These groups were suffering from various forms of discrimination and marginalization in different areas such as employment, education, housing and standards of life as a whole. In the last few years, Islamophobia had become a prevailing phenomenon against Muslims in European countries. In France, there were sometimes limitations with regard to freedom of speech and press. Iran lamented the situation in French prisons, excessive use of force by police, torture and harassment of prisoners, and incorrect policies towards immigrants. In Denmark, a new wave of Islamophobia and defamation of religion was being witnessed. It was most regrettable that this trend had been encouraged and supported by the Danish Government.
With one of the worst human rights records in Europe, Iran condemned the serious violations of human rights occurring in the United Kingdom. Furthermore, international humanitarian law was being severely breached by United Kingdom’s military forces in the context of the war in Iraq and the occupation of that country. In addition, Canada’s human rights records revealed a series of systematic abuses, including social exclusion policies, police brutality and blatant racial discrimination against its own aboriginal people. Lastly, the shameful situation of prisoners in Abu Gharib prison demonstrated the inhuman nature of United States policies abroad.
MALIK ODZEN, of Europe-Third World Centre, on behalf of severals NGOs1, said that the situation in Turkey remained a concern and needed the attention of the Council. The harassment and killing of Kurdish people showed a sorry picture. Many persons had been killed by violence and negligence by the Turkish army. There were numerous complaints of cases of torture. Trade unions and other associations had been attacked by the Turkish police. Elected Kurds were constantly attacked. Turkey was also affecting Iraq with its incursions into the country. These attacks were most of all affecting the civilians in Iraq.
STEWART WATTERS, of International Fellowship of Reconciliation, on behalf of severals NGOs2, said since the imposition of martial law in Tibet from 8 March 1989 to 30 April 1990, the Chinese authorities had pursued a policy of “merciless repression” of even the slightest signs of Tibetan political dissent. The latest peaceful protest in Tibetan areas occurred in the wider context of the overwhelming Tibetan discontent with China’s repressive policies. As was evident from the many Tibetan cases covered by the reports of the Special Procedures of the Council, China sought to eliminate all dissenting opinion by Tibetans, creating a climate of fear and a culture of impunity. As the world focused on the Beijing Olympics, the group of non-governmental organizations associated with the statement urged the Human Rights Council, especially the Special Procedures and the High Commissioner for Human Rights, to condemn the use of force against Tibetans peacefully demonstrating, and to pay close attention to the links between the repressive political climate in Tibet and the impact of centrally driven development policies that threatened the very survival of the cultural, religious and national identity of the Tibetan people.
DIANE ALA'I, of Baha’í International Community, said that Baha’i International Community was gravely concerned about the many and various aspects of the deteriorating human rights situation in Iran. The Iranian authorities had been conducting a crackdown on everyone who held opinions or beliefs that differed from those of the ruling theocracy. Even kindergarten children had been humiliated in class and expelled from local schools. Across the country, Baha’í cemeteries had been desecrated and, in some instances, razed to the ground. Baha’i International Community condemned the 1991 memorandum that established a detailed policy on how Baha’ís should be treated, giving no religious freedom and allowing minimum livelihood. It denounced the sharp increase in violent attacks by plainclothes militia on Baha’is in Iran.
KATHRYN RAMSAY, of Minority Rights Group International, said that Minority Rights Group International welcomed the reports of the Special Rapporteurs that had been addressing the situation in Sri Lanka. But these reports were not sufficiently addressing the reality of the occurring human rights violations since the ceasefire. There had been an increase in deaths and mass arrests had taken place. Muslims were victims of killings and tortures. Civilian society groups said that the elections had not been carried out with equity. The Government was urged to ensure security in the Tamil areas and the Government had to acknowledge the severity of the situation and to agree to collaborate with international human rights tools. Also, the Independent Expert on Minority Issues should be allowed to visit the country.
LUKAS MACHON, of International Commission of Jurists, said that the International Commission of Jurists welcomed the recent political settlement between the Government and the opposition in Kenya. However, as killings within the country continued, the Council needed to call on all parties to the conflict to honor and implement the agreement. The Government of Kenya had to investigate all alleged violations, including the excessive use of force, bringing all suspected perpetrators to justice, and providing adequate reparation to the victims of the violations. It was also essential to disband all militia groups, ensure an independent and impartial inquiry into the handling of the December elections, undertake electoral reform, and address past grievances. The human rights situation in Sri Lanka continued to deteriorate in the context of an armed conflict which had escalated since the end of the cease-fire agreement in January 2008. The legacy of the Government of Pakistan’s attack on the rule of law, the independence of the judiciary, and the legal profession over the course of 2007, and especially since 3 November 2007, remained of serious concern. The International Commission of Jurists was also concerned about the situation in Zimbabwe. Moreover, it urged the Government of Uganda to repeal national laws and end practices that may defeat the imperative of justice and accountability. The Government must also assist internally displaced people to resettle and facilitate regaining self-reliance and dignity.
BENEDICT AYODI, of Franciscans International, in a joint statement with Pax Romana, said that with the signing of the power sharing agreement between the opposition and the Government, peace and normalcy were slowly being restored in Kenya. However, many people remained divided, traumatized, displaced and hungry, nursing their wounds in the wake of the post election crisis that left over 1,000 people dead and 300,000 displaced. In response to this situation, the Government of Kenya banned all coverage of live news and events and assemblies of people that resembled political rallies. Kenya was now embarking on reconstruction and the following items were vital to build a sound foundation for this process: inclusion, equality, integrity, justice, transparency, accountability, professionalism, tolerance and strong institutions that respected, sustained and protected these values.
MOHAMED MOHAMED CHEIK, of International Movement for Youth and Students of the United Nations, said that the Movement believed in the indivisibility and universality of all human rights. But this universality was not enjoyed by all people. The Sahrawi people were part of those people and their tragic humanitarian situation was of concern. Morocco was daily flouting its international obligations. The Western Sahara situation had deteriorated over the last years, especially since Morocco had stepped up the closing of the territories and intensified its repression. The Movement wondered why the High Commissioner had not yet published its report on this issue.
VISUVAHINGHAN KIRUPARAHAN, of Interfaith International, said as one of the important pillars of the Human Rights Council, agenda item 4 on human rights situations that require the attention of the Council permitted members of civil society to raise their concerns regarding situations around the world. With regard to the human rights situation in Sri Lanka, Interfaith International noted that the humanitarian situation in the conflict areas was really worsening and the plight of the innocent people including women and children was a matter of gravest concern. Impunity continued to prevail in Sri Lanka. The emergency regulations had become the norm for more than 35 years. Human rights defenders were killed by so-called unknown gunmen in Sri Lanka. However, until today no proper investigations had been carried out on any of the killings of human rights defenders, despite many clues about the culprits of these cold-blooded murders. Since January 2006, 62 humanitarian workers had been killed in Sri Lanka. Interfaith International urged the Human Rights Council to seriously consider all available mechanisms to ensure rigorous and timely international scrutiny on Sri Lanka.
JULIE DE RIVERO, of Human Rights Watch, wished to discuss the human rights situation in Somalia. The Commission on Human Rights first took up the question of Somalia almost 15 years ago and yet the situation remained dire. Despite the excellent work of Mr. Alnajjar, the Independent Expert appointed by the Secretary-General on Somalia, the Council had failed to respond appropriately to the crisis that had engulfed Somalia over the past 15 months. If it was to be taken seriously as a human rights body, the Council needed to be actively engaged with situations as they developed as well as sustaining attention over a period of time. The fighting currently in Mogadishu – and Somalia generally – between Ethiopian and TFG forces and insurgent forces were even more intense than in 2007. According to United Nations estimates, up to 700,000 people, or 60 percent of the city’s residents, were displaced from Mogadishu since 2007. Compounding this situation was the fact that large parts of Somalia were affected by drought and malnutrition rates were reportedly rising. In light of the grave humanitarian crisis occurring in Somalia, Human Rights Watch urgently called for a special session to deal with the escalating human rights violations in that country.
SYBIL KESSLER, of B'nai B'rith International, speaking on behalf of Coordination Board of Jewish Organizations, condemned the ongoing human rights violations in Darfur, Myanmar and Iran. The Council was urged to stop these violations. The Council was thanked for recognizing the urgency of the situation in Myanmar. But many of the conditions that had led to the Special Session on Myanmar continued to exist today. In Sudan, various reports pointed to an increase in attacks on civilians. Sudan was once again bombing villages. The ongoing human rights abuses in Iran were condemned. A new draft penal code had been proposed that would impose the death sentence for apostasy. It was unfortunate that the Council had ended the procedure which was considering the human rights situation in Iran.
SHAMEEM SHAWL, of International Islamic Federation of Students, drawing attention of the Council to the unending suffering of the people of Jammu and Kashmir at the hand of the Indian Security Forces, said the true and ugly face of the so-called biggest democracy of the world was known only to the people of Indian-Occupied Kashmir, whose generations had lived under the shadowy and ghost rule of Indian occupation. The voice of Kashmiris was being suppressed by all means. Years of impunity for serious abuses had led to a vicious cycle of continuing violence that created among the civilian population a pervasive climate of fear, distrust and sadness. The International Islamic Federation of Students urged the Human Rights Council to listen to the plight of the poor Kashmiri people in the Indian-Occupied Kashmir and consider ways and means to ensure the enjoyment of their basic human rights that should not be subjected to any conditions whatsoever.
ANNE GARELLA, of Action contre la faim, expressed outrage at the assassination of 17 employees of its organization on 4 August 2006 in Muthur, Sri Lanka. These 17 employees - 16 Tamils and 1 Muslim, 4 of whom were women - were brutally murdered in cold blood whilst helping victims of the Tsunami and conflict. The President Rajapaksa decided in November 2006 to create a Presidential Commission to investigate this particular case and 15 other grave violations of human rights. The role of the Independent Experts must be impartial and transparent. However Action against Hunger expressed its doubts that this Commission would meet international standards. The recommendations of international observers were not taken into consideration and he wondered seriously about the will of the authorities to address this case. Furthermore, in the absence of impartial observers, the outcome of the Presidential Commission seemed to be in jeopardy.
TAHIRA JABEEN KHAN, of International Human Rights Association of American Minorities, urged all United Nations members to fulfil their commitments to international conventions. Women living under foreign occupation were victims of violence. One such example was Indian-held Kashmir, where women were kept as hostages by the occupation forces. Thousands of widows were suffering from mental illness. Journalists documenting the incidents were often threatened or attacked. The Human Rights Council was requested to urge the Government of India to stop these violations.
MARIE HILAO HENRIQUEZ, of Commission of the Churches on International Affairs of the World Council of Churches, said the fate of the indigenous people of Papua was hardly known to the international community, despite the fact that the Province of Papua was one of the richest regions of the world in terms of natural resources. The people of Papua, however, had never benefited from this richness and rather suffered from the inappropriate implementation of their economic, social and cultural rights. Papuans were subjected to torture, ill-treatment, arbitrary arrests and unfair trials by the Indonesian authorities. The right of an independent and fair trial was repeatedly violated in Papua. These abovementioned concerns on human rights related to the ongoing militarization of Papua. The access to Papua by outside human rights workers, journalists and even diplomats was restricted. The World Council of Churches asked the Human Rights Council to send a fact-finding mission to the Province of Papua in order to assess the right to health and education. A visit of the Special Rapporteurs on the independence of judges, the right to food and indigenous people and the Working Group on arbitrary detention to Papua was also sought.
BIJO FRANCIS, of Asian Legal Resource Centre, in a joint statement with Lawyers Rights Watch Canada, said that Sri Lanka, one of the Council’s Vice Presidents, was also the State with the highest frequency and number of victims of forced disappearances. The state of denial about the gravity of the situation and the unwillingness to cooperate with the Office of the High Commissioner for Human Rights reflected the complicity of the Sri Lankan Government. Despite absurdist claims that the situation was improving, how could it be getting better when new victims were being added on a daily basis, when none of the disappeared were resurfacing alive and well and when no single effective investigations or prosecutions were taking place. The situation in Bangladesh was in effect being ignored by this Council, despite its severity. Since the imposition of a state of emergency on 11 January 2007, most fundamental human rights had been suspended. Reports suggested that as many as 250,000 people had been arrested since the emergency began. Similar concerns were expressed regarding the situation of human rights in Nepal, where past and present violations remained unprosecuted.
ATTIA ANWAR ZOON, of Word Muslim Congress, drew attention of the Council towards the systematic and persistent human rights violations in Indian-occupied Kashmir. No other people could be more powerless and vulnerable than people under foreign occupation. The people of Jammu and Kashmir had been victims of incessant torture for decades. Voices which dared to differ simply disappeared and languished in Indian dungeons. Indian security forces had repeatedly engaged in abusive tactics.
ELIAS KHOURY, of Union of Arab Jurists, said the situation of human rights in the Middle East was continuing to deteriorate. The Council was duty bound for this reason to set up mechanisms to remedy this. Amongst the principle reasons for this situation were the policies of occupation and war carried out by certain States. Economic development and the democratic process of the people had been hindered. The situation in the Occupied Palestinian Territory and Iraq was of particular concern. Flagrant violations of human rights and international humanitarian law were taking place in Iraq. The situation must be dealt with urgently; there had been a fresh outbreak of violence. Some eight million people in Iraq depended on international humanitarian assistance and 54 per cent of the population lived on less than one dollar a day, while the cost of the war per day was 600 million dollars. The Human Rights Council should address this situation urgently and appoint a Special Rapporteur to examine the situation in Iraq.
SABAH EL MUKHTAR, of Arab Lawyers Union, said that a series of reports by the United Nations, the International Committee of the Red Cross and various non-governmental organizations had pointed out the deterioration in the humanitarian situation in Iraq. Following the invasion of 2003, the scale of death, destruction, systematic human rights violations and oppression continued in Iraq. Iraqis were left without basic health care, education, drinkable water or adequate sanitation. The rights of women and children were totally ignored. The systematic abuse, mistreatment and torture continued in addition to the daily killings. Despite these circumstances, the Human Rights Council had still not discussed the human rights situation in Iraq. Iraqi intellectuals had been targeted since the beginning of the 2003 invasion. Many had been arrested, kidnapped, killed or forced to flee. It was estimated that more than 500 Iraqi intellectuals, 140 lawyers and 45 judges were assassinated in the last five years. In addition, one of the greatest losses due to the invasion was Iraq’s historical heritage, in which some 10,000 pieces of the country’s most prized archaeological artefacts were still missing.
ISABELLE HEYER, of Colombian Commission of Jurists, said that a document had been adopted by consensus with the agreement of the Government but Colombia was not complying with it. It was a source of concern that paramilitary groups had not respected the peace process and the situation remained the same, they had not complied with the peace process. Another concern was the framework that gave impunity for crimes. The very situation of human rights defenders in Colombia was worrying. Recently, one of the members of the Colombian Commission of Jurists had been subjected to death threats because of his participation in a peaceful march. This was not an isolated event. The Government had often been seen publicly attacking human rights defenders and demonizing them as rebels. Physical measures of protection by various Government programmes were not sufficient. The Government was urged to end its attacks and adopt all measurers to investigate the attacks. There could be no human rights if defenders could not work properly.
KAREN PARKER, of International Educational Development, said International Educational Development could not accept the failure of the Human Rights Council to address two situations, Iraq and Sri Lanka, which directly and indirectly related to policies and interests of the United States. The Council’s failure to address these situations clearly weighed heavily on its credibility. The United States invaded Iraq in clear violation of the United Nations Charter and had carried out persistent and systematic illegal military operations, including “shock and awe” terrorism in armed conflict and the targeting of protected persons and facilities such as hospitals, schools, and places of worship. The Council should at least express its concerns in the hope that countries with more will to support humanitarian law norms and the rule of law would ensure that their policies did not facilitate the situation for the United States or cause further damage to respect for humanitarian law. As to Sri Lanka, the United States’ interests in securing navy and air force bases in the Tamil areas of that country and other interests in the region was a major factor in the prolongation of the conflict that now hovered on the brink of genocide. The Human Rights Council should call a special session on Sri Lanka as soon as possible, and should persuade Sri Lanka that it must, at the risk of sanctions, allow the High Commissioner to establish an expanded presence in the country.
KHALTOUM KHAYATI, of Union de l’action féminine, expressed concern at the unfortunate events occurring in Tindouf refugee camps in Algeria. It was shameful for such atrocities to occur without being addressed by the Council. The international community had condemned this type of behaviour and the Human Rights Council had a responsibility to do the same. The situation in Algeria was just one of the violations of human rights that were taking place in the Saharan region. The division of families and the lack of will on behalf of countries to deal with arbitrary detention were indeed shameful. At times, the Union doubted the intentions of the Algerian Government and urged the Council to deal with this situation as soon as possible.
AABADILA SEMLALI of Centrist Democratic International, said that there were tragic situations of populations living under the control of armed movements. The case of the living conditions of the Sahari people living in the Tindouf camps, under control of the Polisario Front, was mentioned. It was becoming a pressing need for the Council to start to study this case. Attention was drawn to the very serous situation of the young Saharians that were forced to join the Saharian rebel army. The only solution to the problem was peace.
LINDSAY GRAHAM, of Becket Fund for Religious Liberty, urged the Human Rights Council to address the continuing conflict in Darfur but not to be distracted from the rising tensions throughout Sudan, especially in Southern Sudan. State enforcement of religious law in any form risked severe violations of the religious conscience of those who did not subscribe to the Muslim religion and with respect, the Becket Fund urged the Council to examine the issue. The junta in Myanmar continued to deprive its citizens of basic rights to associate, to free speech, and to the free expression of beliefs and conscience, as the world witnessed last November. The Government continued to crack down on these groups through imprisonment, isolation and deprivation of basic citizenship. Moreover, with regard to the Democratic People's Republic of Korea, the Becket Fund urged the Special Rapporteur to pay particularly close attention to the treatment of ethnic and religious minorities and urged the Council to investigate the imprisonment of prisoners of conscience in prisons and labour camps.
THEODOR RATHGEBER, of Bischofliches Hilfswerk Misereor, said that the almost constant armed conflict since independence in 1960 left most of Chad in a state of fragile peace. While Chad acceded to the core United Nations Human Rights conventions in the 1990s, human rights practices in that country gave rise to serious concerns. In particular, human rights defenders, critical journalists, as well as prominent members of the opposition in the county were at serious risk, and increasingly so since the recent political turmoil. The state of emergency, declared by the Government on 15 February 2008 for the whole country, had been used as a pretext for settling scores with unarmed opposition, critical civil society members and human rights defenders. In conclusion, MISEREOR urged the Government of Chad to meet its international human rights obligations, guaranteeing the physical and mental integrity of human rights defenders, immediately lifting the state of emergency, and instigating a national dialogue with all actors.
GERARD CAMARA, of Espace Afrique Internatonal, shared the views that had been expressed in the various reports. The main point of importance seemed to be the need to strengthen cultural dialogue as a means of strengthening development. Respect of cultural diversity was leading to the full enjoyment of human rights. One should appreciate the true value of indigenous people and foster dialogue between peoples. It was important to claim out loud the link between culture and development.
JANET NELSON, of International Movement ATD Fourth World, on behalf of severals NGOs3, said it was the view of the non-governmental organizations (NGOs) associated with the statement that the Draft Guiding Principles on Extreme Poverty and Human Rights represented an opportunity for the Human Rights Council to offer the international community a tool that could assist in responding to the Secretary-General’s call for a “renewed determination to address the needs of the poorest of the world’s poor who have been left behind by global economic growth”, as he stated on 7 January 2008. Moreover, the report of the Deputy High Commissioner on the Principles, in which she said the consultations on the Principles revealed that the Governments and NGOs who responded were very supportive of the need to understand extreme poverty as a denial of human rights, were also welcomed. The associated NGOs called on the Human Rights Council to proceed with the work to finalize and adopt the Guiding Principles on Extreme Poverty and Human Rights with a concrete time frame. The Independent Expert on human rights and extreme poverty was also requested to contribute to the work of the Council on the Draft Guiding Principles by helping to clarify the ways in which social, economic, cultural, political and civil rights were violated when people were condemned to live in extreme poverty, and to identify good practices that could give further substance to the guiding principles on ways to address these violations.
Statement by the Minister Delegate in Charge of the Commonwealth of Cameroon
JOSEPH DION NGUTE, Minister Delegate in Charge of the Commonwealth at the Ministry of Foreign Affairs of Cameroon, addressed the facts regarding the most recent outbreak of violence in Cameroon. On 24 February of this year, worker strikes took place largely due to rising fuel prices. In some urban centres, a number of youth took to the streets to demonstrate against the rising costs of living. Unfortunately, the situation quickly degenerated into vandalism and violence. However, by 29 February, law and order had been restored in the whole country. Nonetheless, the four days of violence caused the loss of life and a great deal of property, particularly in urban areas. In response to this crisis, the Government implemented a few initiatives to alleviate the situation. Oil prices had been reduced, taxes and import duties had been temporarily suspended, public sector salaries were raised by 15 percent and finally, those who committed violent acts against the country were in the process of being brought to justice, under the national rule of law.
Mr. Ngute assured the Council of the Government’s commitment to observing, protecting and promoting human rights in Cameroon. The Human Rights Council should not operate in a vacuum or be seen as ignoring the disturbing reality of human rights violations around the world. The Council needed to show imagination and above all, determination in addressing the most flagrant abuses of human rights. Leaving behind some of the negative aspects, the Universal Periodic Review carried with it the possibility of ensuring the Council’s legitimacy and the success of the Council would be dependent on the implementation of this new and promising mechanism. Cameroon also appealed for greater flexibility to foster assistance to developing countries.
Mr. Ngute also reminded Council members of the need to work together and to pool efforts to help all countries overcome their handicaps and to promote international norms and standards established by the international community. Cameroon had been gradually adapting its legislation and carrying out a broad human rights dissemination campaign to its citizens. Furthermore, it was committed to promoting good governance and fought to defend the rights of migrant workers and indigenous people worldwide. As regards combating corruption, the Government stepped up its efforts to address this issue, especially fraud which had damaged the reputation of his Government. This was at the fore of the Government’s priorities. Addressing this issue would hopefully reinstate faith and honour to the Cameroonian administration. In addition, dealing with poverty and HIV/AIDS were of crucial importance to the Government and as such, anti-retrovirals were made available free of charge for extreme cases. An adequate standard of living and health must be applied to all. Hundreds of new schools and programmes had been established around the country and special efforts had been made to repair damaged infrastructure, most notably roads to improve the safety and speed of transportation.
Finally, Mr. Ngute affirmed that Cameroon was taking on a revision of its Constitution to ensure that the benefits of peace would flourish in that country. It must prevent and anticipate any possible crisis in the country by smoothing out any imperfections present in the administration. The manipulation of minds through the distortion of reality continued to tarnish the image of his Government, which was fully committed to assuring equal rights and opportunities to all.
Right of Reply
KIM YONG-HO (Democratic People’s Republic of Korea), speaking in a right of reply, said that the Democratic People’s Republic of Korea rejected the unsubstantiated statements made about the country by several delegations. The naming and shaming had resulted in a completely distorted picture of reality. It had also shown that the Special Rapporteur was just a mouthpiece of certain countries. This situation was making the collaboration between the Democratic People’s Republic of Korea and the Human Rights Council more and more difficult.
BO QIAN (China), speaking in a right of reply in reference to the statement of the European Union, categorically rejected the allegations made in the statement on the human rights situation in China. China had experienced a higher level of human rights over the years. The Government would continue to promote and protect human rights in line with the wishes of the Chinese people. The Chinese Government encouraged non-governmental organizations to carry out their work on human rights. Instead of accusing others, the European Union should take a look at its own human rights’ records and look at issues such as discrimination. Tibet was an integral part of China and the Government would continue to work to promote the human rights of all Chinese, including Tibetans.
YASANTHO KODAGODE (Sri Lanka), speaking in a right of reply, said that it was the view of Sri Lanka that various situations in the world required the attention of the Human Rights Council. But if the members of the Council did not act in good faith, this would be reduced to another round of political rhetoric and useless naming and shaming. Conspicuous by its absence was the situation in Gaza. If this was not a serious situation, Sri Lanka wondered which one would be. Thus, it was felt that the current round of discussion had been reduced to mere political naming and shaming. Sri Lanka was committed to develop sustainable solutions for the resolution of the problems they were facing. The successive Governments had tried to engage the Tamil groups; however they had always walked away from peace talks and had resumed terrorist activities. Several delegations had suggested that Sri Lanka should collaborate with the Tamils. Would they ever dare to make such a recommendation to world powers and suggest that they should negotiate with Al-Queida? Did these delegates see any difference between the LTTE and AL-Queida?
ENOS MAFEMBA (Zimbabwe), speaking in a right of reply, said those delegations who had targeted Zimbabwe in their remarks were mortally bankrupt, liars, hypocrites, cowards and were timid in character. Zimbabwe did not expect much behavior from the great pretenders of human rights. Successive regimes in London and their allies were racists. The Human Rights Council should note that the United Kingdom had deprived the people of Chagos in the Maldives of their rights. The United Kingdom also spoke of the rule of law, but today Afghanistan bled due to their actions and lies. Citing an African proverb, the speaker said: “When an elephant is passing dogs can bark but that cant stop it”.
ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a right of reply with regards to the allegations made by several delegations about the use of the death penalty in Iran, said that many countries were retaining the death penalty, and it was foremost an issue concerning the criminal justice system. In Iran, capital punishment was foreseen for the most serious crimes, in conformity with the International Covenant on Civil and Political Rights. The European Union’s position was becoming a vehicle for protecting those who had committed the most serious crimes. It was ironic that the tragic human rights situations in the Occupied Palestinian Territories, Iraq, Afghanistan and Guatanamo Bay were totally being ignored by the same countries which spoke against Iran.
OMER BERZINJI (Iraq), speaking in a right of reply, noted that in each session the representative of the Union of Arab Jurists attempted to give a poisonous report on Iraq which was far from the truth in the country. Iraq categorically rejected their remarks. There was a need to review the situation in Iraq by looking back to the time of the regime of Saddam Hussein. He had killed thousands, Kurds among others, and turned Iraq into a corrupt cemetery. What was going on in Iraq was caused by terrorism and not by the elected Government. The situation now was much better than before.
TOMAS ERNESTO CONCHA (Colombia), speaking in a right of reply, said that current negotiations with paramilitary groups had meant that the situation was being stabilized in Colombia. The Government had been able to arrest and prosecute a number of paramilitary group members, not only for violent acts of terrorism but also for drug related charges. The Government, along with civil society organizations, had set up an office to ensure the protection of human rights in the country. The Government wished to reassert its commitment to peace. With regards to threats made against organizations that assisted in the most recent peace march, protection would be granted to them and an investigation was underway to follow-up on these particular threats.
BAHRAT RAJ PAUDYAL (Nepal), speaking in a right of reply, said that the authorities in Nepal had cooperated with non-governmental organizations for years. As long as factual information was presented, constructive comments were always welcomed. The Asian Legal Forum statement had dubious motives. Nepal did not claim that the situation was perfect, but the efforts of the Government were genuine.
LULIT LEWDIE (Ethiopia), speaking in a right of reply in reference to the statements of Ireland and Human Rights Watch, said the remarks made by the Irish representative were an egregious exaggeration of the situation in the Ogaden State which should not be ignored. Innocent civilians continued to be killed by terrorism groups in the State. Moreover, it should be noted that Eritrean troops, during 2005 and 2006, had been committing terrorists’ acts by burning down houses and causing atrocities in many areas. Concerning the statement of Human Rights Watch alleging that Ethiopian troops committed war crimes, it was inconsistent and seriously comprised the integrity of Human Rights Watch. The fact was that the civilians were being murdered by senseless acts of terrorism groups.
EVA TOMIC (Slovenia), speaking in a right of reply on behalf of the European Union, said that each and every country could work to improve the situation of human rights. This, of course, also applied to the countries of the European Union. She was worried to hear that the delegate of the Democratic People’s Republic of Korea rejected the remarks of the European Union, which were based on the reports of the Special Rapporteur. She reiterated that the Democratic People’s Republic of Korea should allow access to the Special Rapporteur and address the issues mentioned in the Special Rapporteur’s report. With response to the situation in Iran, the application of the death penalty needed to be in conformity with international norms that the country had engaged in. One of these fundamental international principles was the obligation not to execute minors.
MAKIO MIYAGAWA (Japan), speaking in a right of reply, said that Japan reiterated its sincere call to the Democratic People’s Republic of Korea that they should understand the genuine hopes for the improvement of the human rights situation in the country and to allow the Special Rapporteur to conduct a visit to the country.
1Joint statement: Europe-Third World Centre; Women's International League for Peace and Freedom; International League for the Rights and Liberation of peoples; Movement against Racism and for Friendship among Peoples; and France Libertés – Fondation Danielle Mitterrand.
2Joint statement: International Fellowship of Reconciliation; Movement against Racism and for Friendship among Peoples; Society for Threatened Peoples; Liberation; International Educational Development; Asian Forum for Human Rights and Development (FORUM-ASIA); Worldview International Foundation; International NGO Forum on Indonesian Development; and Interfaith International.
3Joint statement: International Movement ATD Fourth World; International Council of Women; International Federation of Social Workers; and Caritas Internationalis (International Confederation of Catholic Charities).
For use of the information media; not an official record
HRC08027E