HUMAN RIGHTS COUNCIL DISCUSSES REPORTS PRESENTED BY OFFICE OF HIGH COMMISSIONER FOR HUMAN RIGHTS, SECRETARY-GENERAL, EXPERT ON MIGRANTS
The Human Rights Council this afternoon discussed a number of country-specific reports prepared by the Office of the High Commissioner for Human Rights and the Secretary-General and presented by
Deputy High Commissioner for Human Rights Kyung-Wha Kang. The Special Rapporteur on the human rights of migrants also presented his report.
Ms. Kang, highlighting some of the reports that had been submitted to the Council on behalf of the High Commissioner, said most of them were country-specific. Concerning Guatemala, she was pleased to inform the Council that during the past year, the Office of the High Commissioner for Human Rights (OHCHR) had provided technical assistance to a wide range of State institutions and non-governmental organizations, including the national human rights institutions, the public prosecutor’s office, and Congress among others. With regard to work in Uganda, the report focused on the human rights situation in northern-eastern Uganda. OHCHR had successfully stepped up its training and capacity building activities. In Afghanistan the Office remained deeply concerned by the effect on human rights of the intensification of the armed conflict throughout 2007. Regarding Sierra Leone, a commission charged with reviewing the 1991 Constitution was established. Concerning the report on Colombia, progress had been made in efforts to protect human rights such as the initiation of legal proceedings against paramilitary leaders and judicial investigations. Among the challenges identified were the need to guarantee the rights of all victims of violations of human rights and breaches of humanitarian law and the consolidation of the demobilization of the paramilitary groups.
Concerning the role of OHCHR in Cambodia, Ms. Kang said the office there continued its technical cooperation to support relevant Government institutions, focusing on the inter-related areas of the rule of law, rights to land and livelihood, as well as civil society partnership. Regrettably, the High Commissioner’s most recent meeting with the Permanent Representative of the Democratic Peoples Republic of Korea had yielded no concrete results. As for the report on Nepal, significant progress had been made and efforts to reduce statelessness had already been highlighted by the High Commissioner. There continued to be obstacles to the full enjoyment of human rights, in particular concerns regarding the Terai region and the constituent assembly election. She also drew attention to the report of the Secretary-General on the question of human rights in Cyprus, and the report of the Office on the conclusion of the Fourth Annual Workshop on regional cooperation for the promotion and protection of human rights in the Asia Pacific region.
Speaking as concerned countries in response to Ms. Kang’s statement were Guatemala, Uganda, Afghanistan, Colombia, Cambodia, Nepal and Cyprus.
In the interactive debate with the Deputy High Commissioner, representatives of the following delegations took the floor: Cuba, the United Kingdom, Libya, Turkey and Greece.
The following non-governmental organizations also took the floor: International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights, Europe Third-World Centre speaking on behalf of several NGOs1, Commission of Colombian Jurists, Amnesty International and the World Federation of Trade Unions.
Speaking in right of reply at the end of the debate were Iran, Sri Lanka, Turkey, Cyprus, Nepal and Colombia.
Jorge Bustamante, the Special Rapporteur on the situation of human rights of migrants, presenting his report, said that it was the responsibility of the State, regardless of the legal status of the migrant, to ensure that fundamental human rights norms were adhered to and that all migrants were treated with dignity. Despite the international standards designed to offer protection to all individuals, he was observing the increasing criminalization of irregular migration and the abuse of migrants during all phases of the migration process. That criminalization was linked in many countries to persistent anti-migrant sentiments, which was often reflected in policies and institutional frameworks designed to manage migratory flows, often in a purely restrictive manner.
During the period under review, Mr. Bustamante said he had visited the United States. While noting that Government’s interest in addressing some of the issues related to the human rights of migrants, he had serious concerns, especially in the context of deportation and detention policies, and with regard to specific groups such as migrant workers in New Orleans and the Gulf Coast in the aftermath of Hurricane Katrina, migrant farm workers, and detained migrants. In the coming months, the Special Rapporteur said he planned to look at the protection of migrants in Mexico and Guatemala. Such visits provided the mandate with a unique opportunity to directly assess the situation in the countries concerned and to engage in direct dialogue with stakeholders, particularly national authorities, on issues related to the human rights of migrants. The Special Rapporteur was envisaging paying special attention to some of the migration challenges in Africa, the Mediterranean, and the Gulf Region.
The United States spoke as a concerned country in response to Mr. Bustamante’s report. Mexico spoke as part of the interactive dialogue with the Special Rapporteur.
When the Council resumes its meeting at 10 a.m. on Monday, 10 March, it will conclude its interactive dialogue with the Special Rapporteur on human rights of migrants, before hearing reports presented by Special Rapporteur on the illicit movement and dumping of toxic waste, the Working Group on arbitrary detention and the Working Group on the use of mercenaries.
Documents
The Council has before it the annual report of the United Nations High Commissioner for Human Rights and follow-up to the World Conference on Human Rights (A/HRC/7/38 and Add.1-2), which outlines the efforts undertaken by the Office of the United Nations High Commissioner for Human Rights (OHCHR) to implement its mandate.
An addendum to the report contains a report on the activities of OHCHR's Guatemala Office [currently available in Spanish only].
A second addendum looks at the activities of the Office of the High Commissioner for Human Rights in Uganda, which records a distinct improvement in the human rights and security situation in conflict-affected north and northeast Uganda during the reporting period. The continued constructive engagement by the Government and its institutions at national and local levels with OHCHR towards strengthening the protection and promotion of human rights is also recognized. In northern Uganda, although more than 1 million persons remain in camps for internally displaced persons, an estimated 560,000 have returned to their places of origin. In support of these population movements and to build local capacity for a peaceful return process, OHCHR considerably stepped up its training and capacity-building activities in northern Uganda in favour of civilian law enforcement and judicial officials. In conclusion, the High Commissioner for Human Rights makes a number of recommendations to the Government of Uganda. These include: ensuring that principles of justice, accountability and the rule of law, in accordance with relevant international norms, are integrated into any peace agreement, and that national consultative processes around accountability and reconciliation continue to allow for the genuine and meaningful participation of the victims of the conflict. The High Commissioner also advocates that the rights of internally displaced persons for a free and informed choice in determining if, when and where they wish to move, including their right to return home in safety and in dignity, guide any planning and assistance during the transition from a humanitarian emergency to early recovery.
The Council has before it the Report of the High Commissioner for Human Rights on the situation of human rights in Afghanistan and on the achievements of technical assistance in the field of human rights (A/HRC/7/27), which contains recommendations to address the situation described as well as ongoing human rights concerns raised in previous reports. Further, this report features highlights from the mission of the High Commissioner for Human Rights to Afghanistan from 15 to 21 November 2007. With the intensification of armed conflict, protection of civilians has become a major human rights concern. Insurgency-related violence has cost hundreds of civilian lives and created new groups of displaced persons. Coupled with increased criminality, it has hindered aid delivery and further constrained humanitarian access. Poverty, lack of access to food, medical care and education persist, particularly affecting women, children and the disabled. Despite advances in women’s rights, they still face severe social, economic and political discrimination. Laudable efforts in the rule of law, police and governance reform are yet to produce institutions that systematically protect human rights. Arbitrary detention remains commonplace and reports of torture persist. Impunity remains entrenched and there is little progress in transitional justice. Journalists face increased levels of threats and intimidation, undermining the vibrant media that has flourished in recent years. Among general recommendations are that the Government and the international community must reinstate women’s rights at the top of policy and donor agendas. Among more concrete measures, the Government is encouraged to provide a clear mandate for forensic investigation experts on the investigation of mass graves related to past abuses, and is strongly urged to reinstate a moratorium on the death penalty.
The Council has before it the joint progress report of the Secretary-General and the Office of the High Commissioner for Human Rights on Public information activities in the field of human rights, including activities being undertaken throughout the sixtieth anniversary of the Universal Declaration of Human Rights (A/HRC/7/34), which covers activities performed by the Office of the United Nations High Commissioner for Human Rights and the Department of Public Information of the Secretariat. It describes a variety of products, services, and activities addressed to the general public and different audiences, with a special emphasis in the use of modern tools of communication. The report does not contain any specific recommendations.
The Council has before it the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia (A/HRC/7/39), which describes the main developments in Colombia during 2007 regarding the situation of human rights and international humanitarian law, covered by the agreement between the Government of Colombia and OHCHR, which was renewed in 2007 and remains in force until October 2010. The report highlights the fact that the intertwined dynamics of the internal armed conflict, drug trafficking and organized crime continue to weigh heavily on the human rights situation. At the same time, the report notes the persistence of structural problems in certain State institutions. Throughout the year, the need to guarantee the rights of all victims of violations of human rights and breaches of humanitarian law was placed at the centre of public debate. The document stresses that it is urgent and imperative to make a proper and timely response to their claims.
The Council has before it the note by the Secretary-General transmitting the report of the Office of the High Commissioner for Human Rights on the question of human rights in Cyprus (A/HRC/7/46) [not currently available].
The Council has before it the report of the United Nations High Commissioner for Human Rights on the human rights situation in the Democratic People’s Republic of Korea (A/HRC/7/47), which records that, during a meeting held on 11 February 2008 between the High Commissioner and the Permanent Representative of the Democratic People’s Republic of Korea in Geneva, the High Commissioner proposed discussions on a future technical assistance programme that could be offered to the Government of the Democratic People's Republic of Korea, particularly in light of the forthcoming review of that country under the Human Rights Council’s Universal Periodic Review mechanism. The Permanent Representative reiterated that his Government does not recognize the resolutions adopted by the Council and the General Assembly on the situation of human rights in the Democratic People’s Republic of Korea and said he was therefore unable to accept the offer.
The Council has before it the report of the Secretary-General on the role and achievements of the Office of the United Nations High Commissioner for Human Rights in assisting the Government and people of Cambodia in the promotion and protection of human rights (A/HRC/7/56), which says the Office has paid particular attention to cases where non-governmental organizations and activists have come under attack in connection with their lawful activities in the promotion and defence of human rights, as well as cases which are emblematic of wider patterns that have a serious impact on the exercise of the most essential human rights. The Office has brought its concerns to the attention of national and provincial authorities with regard to restrictions on freedom of movement, expression, association and assembly; illegal arrests, disappearances and other serious breaches of procedural guarantees; land disputes and illegal acquisition of land; forced and violent evictions; excessive use of force; and prison conditions. The report details OHCHR findings and activities to address all of these areas, for example, providing details of cases in which State officials were involved in ill-treatment or torture. It also notes positive developments, including the adoption of a new Code of Criminal Procedure. The report also details cooperative efforts the Office has carried out with the Government and other groups in the country in the areas of prison reform, establishment of an independent national human rights institution, education and public information.
The Council has before it the report of the High Commissioner on the composition of the staff of the Office of the United Nations High Commissioner for Human Rights (A/HRC/7/57), which sets out statistics on the composition of the Office, disaggregated by grade, gender and nationality. It also presents the results of efforts made to achieve equitable geographical representation, and finds that the success of those efforts is now clearly apparent. The report concludes that additional measures developed in consultation with OHRM pursuant to General Assembly resolutions will further strengthen those efforts.
The Council has before it the report of the United Nations High Commissioner for Human Rights on assistance to Sierra Leone in the field of human rights (A/HRC/7/66), which notes that political, legislative, and administrative developments in Sierra Leone over the course of 2007 have had a positive impact on the human rights situation in the country. The National Human Rights Commission was established and is now being operationalized; the Constitutional Review Commission to review the 1991 Constitution was established and work is now in progress; and Parliament has passed a number of legislative enactments in furtherance of the protection of human rights, in particular women’s and children’s rights. Moreover, the devolution of powers from the central Government to local district councils continued to enhance increased political participation in governance and the promotion of human rights in local districts and at the community level. United Nations support for Sierra Leone under the Peacebuilding Fund is also beginning to facilitate the consolidation of peace by addressing the root causes of the conflict. A major development in 2007 was the successful holding of the presidential and parliamentary elections, which resulted in a change in Government and the emergence of a political leadership that appears to be committed to the respect for human rights and the rule of law. Notwithstanding these developments, a number of challenges remain, including perennial delays in the hearing of cases; prolonged pre-trial detention; poor prison conditions; and increasing incidents of gender-based violence, including rape, domestic violence and female genital mutilation. Moreover, no significant progress was noted in the area of social and economic rights, as Sierra Leone dropped towards the bottom of the 2007 UNDP human development index. Other issues that require close attention include widespread corruption; increasing lawlessness among students; environmental degradation; and the abuse of human rights by mining companies operating in the country.
The Council has before it the report of the United Nations High Commissioner for Human Rights on the human rights situation and the activities of her Office, including technical cooperation, in Nepal (A/HRC/7/68), which says, although there have been significant political developments since the High Commissioner's first report, including the establishment of an interim Government and Parliament, and legislative and institutional reforms aimed at strengthening human rights protection, respect for and protection of human rights have diminished in Nepal. In particular, there are concerns at the lack of political will to end impunity for past and ongoing human rights abuses by the State and the Communist Party of Nepal (Maoist) (CPN(M)), insufficient action to address discrimination and, against a backdrop of increased violence by armed groups in the plains, to address the State’s obligation to protect the rights of the population to life, liberty and security. The report highlights the need for all parties to translate their public commitments to human rights into concrete actions to bring about lasting changes in the human rights situation.
The Council has before it the report of the Secretary-General on advisory services and technical cooperation in the field of human rights (A/HRC/7/74), which looks at the work of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights since the report submitted to the Council at its fourth session. It looks at the translation of human rights themes into technical cooperation programme and policy recommendations; technical cooperation and capacity-building activities implemented through human rights advisers and United Nations peace missions; recent developments regarding the United Nations reform process and the Universal Periodic Review; the financial situation of the Voluntary Fund; and OHCHR's Strategic Management Plan for 2008/2009.
The Council has before it the note verbale dated 26 February 2008 from the Permanent Mission of Colombia to the Secretariat of the Human Rights Council (AHRC/7/G4), transmitting the observations of Colombia on the report of the United Nations High Commissioner for Human Rights on the situation of human rights in Colombia in 2007 (A/HRC/7/39). [Currently available in Spanish only.]
The Council has before it the annual report of the Special Rapporteur on the human rights
of migrants, Jorge Bustamante (A/HRC/7/12 and Add.1-2), which summarizes the activities of the Special Rapporteur, including visits requested and undertaken, and communications and replies received. The thematic section of the report highlights some of the key challenges with regard to the criminalization of irregular migration, and outlines some elements for State responsibility with regard to the protection of irregular migrants. It draws attention to the increasing criminalization of irregular migration and the abuses of migrants during all phases of the migration process. This criminalization is linked in many countries to persistent anti-migrant sentiments, which is often reflected in policies and institutional frameworks designed to manage migratory flows, often in a purely restrictive manner. There are also reports of greater criminalization of migration offences (as opposed to treating them as an administrative offence) and cross-national collaboration by police and other authorities, which have in certain cases resulted in increased violations against migrants. The conclusions and recommendations are offered to States in terms of the applicable legal framework for protection and the general trends observed. As a basic principle, the Special Rapporteur urges States to put the protection of migrants, regardless of their status or mode of entry, at the core of immigration policies. [Addendums 1 and 2 not currently available]
Presentation by Deputy High Commissioner for Human Rights
KYUNG-WHA KANG, United Nations Deputy High Commissioner for Human Rights, said she would be highlighting some of the reports that had been submitted to the Council on behalf of the High Commissioner. Most of them were country-specific. Concerning Guatemala, she was pleased to inform the Council that during the past year, the Office of the High Commissioner for Human Rights (OHCHR) had provided technical assistance to a wide range of State institutions and non-governmental organizations, including the national human rights institutions, the public prosecutor’s office, and Congress among others.
With regard to work in Uganda, the report focused on the human rights situation in northern-eastern Uganda. The report underlined that in coordination with the Ugandan Human Rights Commission OHCHR had successfully stepped up its training and capacity building activities. She welcomed the recent progress reached in the peace agreement. In Afghanistan the Office remained deeply concerned by the effect on human rights of the intensification of the armed conflict throughout 2007. In addition to causalities resulting from military operations by the warring parties, civilians had also suffered from the destruction of property, loss of livelihood, displacement, and disruption of access to education, healthcare and basic services. Regarding Sierra Leone, a commission charged with reviewing the 1991 Constitution had been established. Concerning the report on Colombia, she pointed out that progress had been made in efforts to protect human rights such as the initiation of legal proceedings against paramilitary leaders and judicial investigations. Among the challenges identified were the need to guarantee the rights of all victims of violations of human rights and breaches of humanitarian law and the consolidation of the demobilization of the paramilitary groups.
Concerning the role of OHCHR in Cambodia, the office there continued its technical cooperation to support relevant Government institutions, focusing on the inter-related areas of the rule of law, rights to land and livelihood, as well as civil society partnership. Regrettably, the High Commissioner’s most recent meeting with the Permanent Representative of the Democratic Peoples Republic of Korea had yielded no concrete results. As for the report on Nepal, significant progress had been made and efforts to reduce statelessness had already been highlighted by the High Commissioner. There continued to be obstacles to the full enjoyment of human rights, in particular concerns regarding the Terai region. The constituent assembly election, postponed twice in 2007, was now due to be held in April. Progress on both these issues was crucial to consolidate peace. Ms. Kang also drew attention to the report of the Secretary-General on the question of human rights in Cyprus, and the report of the Office on the conclusion of the Fourth Annual Workshop on regional cooperation for the promotion and protection of human rights in the Asia Pacific region.
Concerning the subject of the geographic representation, the work would continue to further improve the geographical diversity of OHCHR staff to achieve adequate representation of all Member States, the Deputy High Commissioner said. Finally she recalled that in the context of the 60th Anniversary of the Universal Declaration of Human Rights, OHCHR, together with partners in the United Nations, governments, civil society organizations, national human rights institutions and educational centers, was planning a series of activities at country and international level to mark this crucial milestone.
Statements by Concerned States Responding to Reports by Office of High Commissioner for Human Rights and by Secretary-General
CARLOS RAMIRO MARTINEZ ALVARADO (Guatemala), speaking as a concerned country, said that as a State and a people Guatemala shared the view of the High Commissioner with respect to the priority she gave to themes such as the strengthening of the rule of law, combating impunity and situations of insecurity, the need to strengthen legal and institutional frameworks, the rights of women and the situation of indigenous people. Guatemala maintained its interest in the advisory services and technical cooperation that the Office of the High Commissioner was providing. The speaker reiterated what had been said by the Guatemalan dignitary during the high-level segment that the Government had decided to renew the mandate of the Office of the High Commissioner in Guatemala a further period as from the month of September in order to continue its work with the State of Guatemala and civil society organizations with a shared objective in respect of the promotion of human rights.
JUSTINIAN M. KATEERA Uganda), speaking as a concerned country, commended the Office of the High Commissioner for Human Rights in its pursuit of achieving objectives of human rights. The report on Uganda dealt with important issues. On the issue of internally displaced persons, the Government continued to register impressive rates of returns as a result of the vastly improved security situation in Northern Uganda. The Government was committed to the disarmament process in Northeastern Uganda. Moreover, the Government was continuing its reconstruction efforts in the area, particularly in the sectors of health and education. It was recalled that last month the Government had signed a permanent ceasefire agreement with the Lord’s Resistance Army. There was a need to ensure accountability. Uganda adopted a well-known concept of traditional justice complimented by an amnesty and international criminal processes. Uganda proposed to redesign the relationship between the Government of Uganda and the Office of the High Commissioner for Human Rights.
NANGUYALAI TARZI (Afghanistan), speaking as a concerned country, said Afghanistan had read the report of the High Commissioner on the situation of human rights in Afghanistan and he noted the results obtained and progress made thanks to technical assistance in the field of human rights. During the past seven years, Afghanistan had demonstrated a strong desire to adhere to international standards of human rights, including those of women, and to ensure that the provisions of international instruments were integrated into national law. In this context, Afghanistan had ratified the major conventions and its new Constitution made an explicit reference to the Universal Declaration of Human Rights. In particular, he wished to emphasize that several women were among the candidates for the presidential elections of 2004 and in 2005, 70 women were elected to the National Assembly from among the 249 deputies. The priority objectives of the Government included the advancement of women, strengthening of the policy of gender, and a firm commitment to the Convention on the Elimination of all Forms of Discrimination against Women. It was important, useful and indispensable to accelerate reforms in the areas of justice, health and education to guarantee more rights concerning economic, social, and cultural development, which would further combat effectively poverty and impunity.
Afghanistan had made considerable progress in the field of economic, social and cultural rights, as well as citizens' access to education, health, work, improvement of living standards, and eradicating poverty. However, he regretted that 2007 was a year which had been particularly hard, during which it had been difficult to respond to the challenges and achieve the goals set by the Afghan Government. Violence, insecurity and international terrorism were all obstacles and barriers to be eliminated. It was in this capacity that Afghanistan had asked the international community for more help achieve peace and security, and he thanked the international community for the assistance given so far. Some figures and data contained in the report did not correspond to those available to his Government, but Afghanistan welcomed favorably most of the recommendations made in the report.
THOMAS CONCHA (Colombia), speaking as a concerned country, reaffirmed that the Government of Colombia had maintained its decision to consolidate the advances that it had made in the field of human rights and to surpass the difficulties that persisted in this area. Culminating this year was the process of elaborating, with a broad sector of civil society, the National Plan of Action on Human Rights and International Humanitarian Law in fulfillment of the Vienna Declaration. The State of Colombia wished to highlight that this process was the result of a greater level of dialogue with civil society during 2007 and a higher degree of confidence with the State. Colombia also wished to emphasize the way in which the report contained a major section on the human rights violations committed by armed groups in the country including the FARC and the ELN. Moreover, the weight given to human rights violations with regard to drug trafficking was also welcomed.
Other positive references addressed in the report were the Government’s efforts to generally improve conditions of security for people, and the existence of citizen journalism in the country. Colombia wished to highlight that the illegal armed groups in Colombia were ignorant of human rights norms. Colombia would continue with its commitment to implement the recommendations in the report and would establish mechanisms to reach those objectives. Among other things, Colombia had been striving to fulfill its constitutional obligations and to respecting citizens’ rights. Systematic efforts had been undertaken to guarantee human rights, including programmes of protection and responding efficiently to the needs for information and to complaints by victims of human rights.
SUN SUON (Cambodia), speaking as a concerned country, welcomed the High Commissioner’s report. Cambodia was on the path of continuing its development and was in the midst of transforming processes; it was creating a democracy and the situation consolidated year after year. Cambodia was witnessing high economic grow, and would continue on the path of economic liberalisation. Major steps had taken place in the field of human rights, including several amendments to the Constitution. The Office of the High Commissioner for Human Rights should take into account the reality and the new developments in the country. Cambodia was addressing all major issues. One example was the agricultural reform. There were also significant reforms in the legal and judicial systems. A new approach of trust and partnership should take place with the Office of the High Commissioner for Human Rights, especially in the form of technical assistance. The continued process of building human rights met challenges every day.
BAHRAT RAJ PAUDYAL (Nepal), speaking as a concerned country, said that the incorporation of a number of significant developments that had taken place in the country during the period under reference and reflecting the comments from the Government would have made the present report more updated and balanced. While elaborating the challenges being faced by Nepal, the report failed to properly appreciate the significance of the far-reaching changes and the important initiatives taken by the Government to address those challenges. The open and democratic space and institutions available following the political change had made possible an overall improvement in the human rights situation in the country. Since the High Commissioner presented her last report to the Council a year ago, the efforts made and initiatives taken by the Government to address the demands of ethnic groups, women, Dalits, Madhesis and other marginalized groups were of far-reaching significance.
Nepal was now heading towards restructuring the State and addressing the socio-economic issues underlying its multi-ethnic, multi-religious and multi-cultural society. Moreover, verification of the Maoist combatants had been completed. The Government was working together with United Nations agencies in Nepal to develop modalities for rehabilitating and integrating minors and former combatants back into the society. In less than 35 days, on 10 April, Nepal would be holding the first ever Constituent Assembly elections in the history of the nation. This popularly elected Assembly would write a new democratic Constitution for Nepal, which would further strengthen the popular base for democracy, development and the protection and promotion of human rights in the country. Ending impunity, strengthening national human rights institutions through capacity building, creating an equitable, just and democratic society, holding a free, fair and inclusive election to the Constituent Assembly, healing the wounds of the decade long conflict and creating a peaceful, democratic and forward-looking society constituted the foremost priorities of the Government.
ANDREAS HADJICHRYSANTHOU (Cyprus), speaking as a concerned country, said that since the initial resolution adopted on Cyprus by the Human Rights Commission in 1975, one year before the Turkish invasion, the issue had remained on the agenda of the Commission and now of the Council, because of the negative repercussions of the 1974 Turkish actions. Human rights violations were still persisting, mainly affecting internally displaced persons. In the relevant resolutions, special emphasis had been given to the urgent need for the immediate restoration and respect of human rights. This year’s report by the Office of the High Commissioner for Human Rights concluded that the human rights situation would greatly benefit from the achievement of a comprehensive settlement of the Cyprus problem. To claim simply that political solutions were the only answer to human rights violations would put into question the reason of the existence of this Council. It was believed that no political consideration should block the way to restore human rights. It was believed that this Council should continue to pay attention and focus on the situation in Cyprus, based exclusively on human rights and humanitarian criteria.
On January 2008, the European Court of Human Rights had delivered another judgement against Turkey for its actions in Cyprus. The Court’s judgement had stated that there had been a continuing violation of the European Convention on human rights. The European Court of Human Rights had also found Turkey guilty of human rights violations in Cyprus in a number of earlier judgements. As Turkey exercised control over the region, it was responsible for all acts committed by their troops or local subordinated administration. The judgements of the European Court on Human Rights were complementary and interconnected with the mandate of the Human Rights Council.
Interactive Debate on Reports by Office of High Commissioner for Human Rights and by Secretary-General
RODOLFO REYES RODRIGUEZ (Cuba) thanked the Deputy High Commissioner for the submission of these reports. He stressed that what he would say should not be considered as a criticism but rather heard in a spirit of cooperation and dialogue. Cuba welcomed the frank and open dialogue on the increase in the budget of the High Commissioner. Cuba stressed that the programmes and activities related to human rights started with the resolutions adopted by the General Assembly and the Council of Human Rights. These resolutions were the legal and administrative framework of the United Nations. Cuba recalled that in practice, the budgetary activities relating to human rights would be presented to the Third Committee. Regarding the presence of advisers for development on the ground, the Cuban representative pointed out that this issue was subject to negotiation in New York. For reasons of consistency, the Human Rights Council should not presume anything while this matter was still under discussion. Cuba was not the only country that had rejected the Strategic Plan. Speaking on the Joint Inspection Unit, the legal department had not given an adequate evaluation. There were three pillars in the UN system and one of these was human rights and the Human Rights Council. He finally thanked Louise Arbour for her work in promoting and protection of human rights.
BOB LAST (United Kingdom) said with regard to the report on Nepal, the United Kingdom welcomed the agreement reached in Nepal which had opened the way for elections to take place in April. The United Kingdom also welcomed the call of the High Commissioner for a climate where human rights were respected in the country. The United Kingdom urged the Government of Nepal to improve public security and to ensure that groups did not disrupt the upcoming elections. The United Kingdom also welcomed the High Commissioner’s remarks concerning combating impunity and supported her call to place human rights at the heart of the peace process in Nepal.
HASNIA MARKUS (Libya) said that the Islamic religion enshrined the principle of the duty of social support. All people had the right to enjoy human rights and liberty, this included disabled people. Great importance was attached to disabled programmes; all had a role to play in the disabled people’s communities. The 1991 proclaimed year of the disabled had been proposed by Libya. Also, the decade for disabled persons had been a great achievement in order to recognise their presence and give them an equal footing with others. In Libya, there was legislation providing help for the disabled and they were able to participate in various sports. International cooperation was very important to achieve the aims in this area.
ASLIGUL UGDUL (Turkey) wanted to react to what the report said about the state of human rights in Turkey. She acknowledged that the report tried to strike a balance but regretted that it did not take into account recent developments. She thus recalled the current political impasse and criticized the actions of the Greek Cypriots and the 40 years of unfair embargo. She also regretted that the Greek Cypriots did not accept the settlement agreement of the United Nations. The report of Kofi Annan in May 2004 and Ban Ki-Moon’s 2007 report were very interesting. Citing the latest report, Turkey noted that it emphasized that the present isolation of the Turkish part of Cyprus created an inhumane situation and called for the restoration of a normal situation. There were violations of basic human rights by the Greek Cypriots against the Turkish Cypriots. It was regrettable that the report did not mention enough of what had been done by the Commission. Greek Cypriots did not respect the judgments of the European Court of Human Rights, nor did they reflect the Commission. The report was unbalanced about the disappearances. The situation in Cyprus should reach an overall agreement and Turkey wanted to continue the dialogue.
FRANCISCOS VERROS (Greece) expressed Greece’s appreciation to the Office of the High Commissioner for Human Rights and the United Nations Secretary-General for producing the report regarding the human rights situations in Cyprus. It was a pertinent and timely report and every effort had been made to include the latest developments in the field. The source for the lack of enjoyment of human rights in Cyprus was the non-resolution of problems which started 34 years ago, with the invasion of Cyprus by foreign forces and the occupation of almost 40 per cent of the island since then.
The Commission on Human rights, recalling plethora of UN General Assembly and the Security Council resolutions since 1974 on this issue, requested the UN Secretary General to deal with the human rights situation, including fundamental freedoms, freedom of movement and the right to property of all Cypriots in the Island. The de facto partition of the island continued to constitute an obstacle to the enjoyment of human rights. The situation of human rights in Cyprus should greatly benefit from the achievement of a comprehensive settlement of the Cyprus problem. Greece was also convinced that the efforts of all those involved would bear fruits and Cyprus would be re-united in the near future for the benefit of all its citizens.
KATHARINA ROSE, of International Coordinating Committee of National Human Rights Institutions for the Promotion and Protection of Human Rights, said national human rights institutions had an important role in supporting the governments in their work to ensure international human rights norms were applied at the national level, including by facilitating follow-up actions to the recommendations resulting from the international human rights system. National human rights institutions which were compliant with the Paris Principles were key elements of a string and effective national human rights protection systems. The International Coordinating Committee’s accreditation process was based on the guiding principles of transparency, rigor and independence. The Committee wished to express its deep appreciation to the Office of the High Commissioner for Human Rights for its leadership as witnessed by an increase in applications for accreditation, the rise in the number of A-status national human rights institutions, as well as in the access recognized for such institutions by international human rights mechanisms.
MALIK OZDEN, of Europe-Third World Centre, speaking on behalf of several NGOs1, said that in its last session the Council had adopted with consensus a project on poverty. It was seen as important to have a legal framework to qualify poverty as violating human dignity. The distinction being made between poverty and abject poverty did not help to address the roots of the problem. The gap between rich and poor was ever-increasing; it resulted in human rights violations. Countries should collectively assure a minimum of people’s survival needs.
GUSTAVO GALLON, of Commission of Colombian Jurists, noted that the High Commissioner had highlighted the grave human rights and humanitarian crisis in Colombia which amounted to extrajudicial killings, forced disappearances and inhumane acts and torture. For the High Commissioner it was imperative that these violations, as well as crimes committed by guerilla groups, were abolished. According to the Colombian register of jurists, some 1,900 had lost their lives to these acts of violence. These violations were a result of what had been referred to as a political and legal war promoted by the guerilla groups to undermined the State forces. Many Supreme Court justices were linked to the paramilitaries. The report also highlighted the climate of impunity which prevailed in Colombia and noted that some 1,500 officers were guilty of crimes but without action taken. The international community must redouble its efforts to ensure the Government of Colombia could fully comply with the recommendations of the High Commissioner and root out impunity which affected the lives of women, children and indigenous people in the country.
PATRIZIA SCANELLA, of Amnesty International, said Amnesty International welcomed the report on Colombia, and shared the concerns about the serious human rights and humanitarian situation in the country as well as the agreement to renew the integral mandate of the Office for a further three years.
The Council had a pivotal role to play in efforts to improve the human rights situation in Colombia. The stance adopted by the international community on severe human rights issues had been clear and constructive, and it had been particularly commendable in the case of human rights defenders and trade unionists. The Human Rights Council should take up the situation in Colombia at this session by critically engaging with the Colombia Government, especially on those issues where it was falling short, such as on full compliance with repeated UN human rights recommendations.
AIDA AVELLA, of World Federation of Trade Unions, said that, as indicated in the High Commissioner’s report, Colombia needed special attention. Since 1986, more that 2,522 union workers had been killed. Impunity continued to persist. Paramilitary groups were responsible for most of the killings with the support of the armed forces. Justice truth and reparation had been requested, but even journalists had been target and had to leave the country. Special attention was requested by the Human Rights Council.
Right of Reply
ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a right of reply, said Iran was fully committed to its international obligations in the field of human rights. At the same time, it was the legitimate right of all States to have their laws and regulations based on their values and cultures. The draft Penal code referred to by the Representative of Canada had been recently presented to the Parliament and was currently under consideration through the required democratic and legal procedures. As for the situation of the recognized religious minorities in Iran, it was clear and unquestionable that they were enjoying their legitimate rights and freedoms like all other Iranian citizens. It was regretted that Canada was the only country that voted against the resolution on the ongoing atrocities in Gaza. Iran urged the Government of Canada to fully comply with its obligations effectively and implement its recommendations of the treaty bodies of the United Nations and stop all racist polices against indigenous peoples and migrants.
SHARINDRA FERNANDO (Sri Lanka), speaking in a right of reply, said Sri Lanka was bemused by the continuing insistence of a few countries for a monitoring mission or a field presence of the High Commissioner's Office in Sri Lanka, but that had been more than made up for by the appreciation expressed by countries who better understood Sri Lanka's national situation. Sri Lanka would continue to improve things through strengthening its own institutions while developing political solutions to the political problems that had developed over the years.
Sri Lanka was very sorry that the insistence of a few others on what seemed a pro-consular approach had arisen without proper study of the National Human Rights Commission. The United Nations Development Programme's own stocktaking report on that institution, issued in April 2007, which had appreciated the work of the current commissioners, while suggesting ways of moving forward to remedy some deficiencies, appeared to have been suppressed.
ASLIGUL UGDUL (Turkey), speaking in a right of reply, said that every year the Council witnessed a debate on the question of Cyprus. But one point that needed to be rectified was that the origins of the conflict went back to the 1950s, due to the Greek junta, and not to the 1970s. That was a part of the story the Greek Cypriots wanted to forget. However, at a time where there was hope for reconciliation, Turkey did not want to sling accusations. But it would not be possible to go forward if the Greeks would not go forward.
ANDREAS HADJICHRYSANTHOU (Cyprus), speaking in a right of reply, said that Turkey had tried once more to hide its responsibilities for the perpetuation of human rights violations in Cyprus under the carpet of the Annan plan, which had been democratically rejected in a referendum. In the European Court of Human Rights assessment on the Xenides-Arestis v. Turkey case, the Court had found that the fact that Greek Cypriots had rejected the United Nations plan did not have the legal consequence of bringing to an end the continuing violation of the displaced persons rights by Turkey. Turning to the alleged isolation of Turkish Cypriots in the occupied area of Cyprus, the fact was that for centuries all Cypriots – Greek and Turkish – had lived and worked in towns and villages spread all over the island. It was Turkey's long-term strategy of segregation, separation and partition that had brought about the artificial geographical separation of the two communities, into two ethnically clean parts.
Cyprus remained strongly committed to reaching a mutually acceptable solution to the Cyrpus problem, through negotiations under the auspices of the United Nations, on the basis of a bi-zonal, bi-communal federation in accordance with relevant Security Council resolutions, international law and European Union principles and values.
BAHRAT RAJ PAUDYAL (Nepal), speaking in a right of reply concerning the United Kingdom's statement, said that the United Kingdom’s support of the peace process was appreciated. Regarding the coming elections, all security arrangements had been made in order to conduct a peaceful election. Several observers would be present. Human rights and fundamental freedoms were at the centre of the peace process. Addressing impunity remained at the forefront of Nepal's priorities.
THOMAS CONCHA (Colombia), speaking in a right of reply, said that first steps for the demobilization of illegal armed groups had been started. Progress had been made in implementing a policy to support victims and witnesses. New positions had been created in the prosecutors’ office in order to facilitate investigations. Lawyers and policemen had been assassinated. In 2007, 36 sentences had been handed down. About the statement of one non-governmental organization, it was wondered how could one give credit to the Colombian President giving orders to criminal groups as he had been, at the same time, appointing judges to settle those same cases?
ASLIGUL UGDUL (Turkey), speaking in a second right of reply, said Turkey and 65 per cent of the Turkish Cypriot people had supported the Annan Plan. However, that Plan had been rejected by the Greek Cypriot side. There was a need to reach a settlement to the situation in support of bringing dignity to all those living on the island.
Presentation of the Report of the Special Rapporteur on the Human Rights of Migrants
JORGE BUSTAMANTE, Special Rapporteur on the human rights of migrants, affirmed that it was the responsibility of the State, regardless of the legal status of the migrant, to ensure that fundamental human rights norms were adhered to and that all migrants were treated with dignity. Despite the international standards designed to offer protection to all individuals, he was observing the increasing criminalization of irregular migration and the abuse of migrants during all phases of the migration process. That criminalization was linked in many countries to persistent anti-migrant sentiments, which was often reflected in policies and institutional frameworks designed to manage migratory flows, often in a purely restrictive manner. During the period under review he had visited the United States. While noting that Government’s interest in addressing some of the issues related to the human rights of migrants, he had serious concerns, especially in the context of deportation and detention policies, and with regard to specific groups such as migrant workers in New Orleans and the Gulf Coast in the aftermath of Hurricane Katrina, migrant farm workers, and detained migrants. Other concerns included numerous cases of indefinite detention, the lack of due process for some non-citizens in the United States deportation proceedings, and their difficulties in challenging the legality, conditions and length of their detention.
In the coming months, the Special Rapporteur said he planned to look at the protection of migrants in Mexico and Guatemala. Such visits provided the mandate with a unique opportunity to directly assess the situation in the countries concerned and to engage in direct dialogue with stakeholders, particularly national authorities, on issues related to the human rights of migrants. The Special Rapporteur was envisaging paying special attention to some of the migration challenges in Africa, the Mediterranean, and the Gulf Region. The numerous initiatives by Members States and civil society groups to better articulate a human rights approach to migration was welcomed. Members States were encouraged to adopt programmes aiming at fully integrating migrants and members of their families into host countries, promoting a harmonious, tolerant and respectful environment, and States that had already done so were welcomed.
In concluding, the Special Rapporteur reiterated the recommendations in his report, in particular the need for States to consider taking measures to further promote legal migratory channels to encourage regular labour mobility flows, including schemes for temporary and circular migration and the movement of skilled and semi-skilled labour under regional mechanisms for the free movement of labour. States should also consider further developing and implementing training and awareness-raising programmes for border authorities, officials at detention centres, police and military officers, and government officials, on the human rights afforded to irregular migrants during phases of the migration stage.
Statement by Concerned Country to Report of Special Rapporteur on Human Rights of Migrants
JAN LEVIN (United States), speaking as a concerned country, said that the United States had been pleased that the Special Rapporteur had been able to meet with Homeland Security officials, to visit a Detention Centre and meet with Border Patrol officials. However, the United States Government had been disappointed with the Special Rapporteur’s report, as it contained misstatements and misinterpretation of United States law and policy. That was believed to be in part the result of his failure to collect and take into consideration the information made available to him. The report focused only on a narrow slice of the migrant population and in the United States, and made no effort to recognize positive aspects. That had resulted in a biased picture.
The United States had one of the most generous immigration programmes in the world. Between 2000 and 2006, more than 6 million foreign nationals had been admitted. Yet the report had made no mention of the rights accorded to temporary visitors. The United States Government had reviewed an initial draft of the report and had provided factual corrections. It was regretted that not much of this information had been included in the final report. It appeared that the Special Rapporteur had attempted to further a preconceived view. The United States was open do discuss all issues and reiterated its offer. The full response of the Government to the report would be made available next week, on the United States Mission in Geneva website.
Interactive Dialogue
ELIA SOSA (Mexico) welcomed the report of the Special Rapporteur and his work, and reiterated the Mexican's Government support for the Special Rapporteur in connection with his upcoming visit to Mexico. Mexico fully shared the Special Rapporteur’s recommendation to eliminate laws and practices that criminalized migrants who were irregular in their status. Laws had been updated in Mexico in that regard. Moreover, Mexico also shared the conviction that there was a shared responsibility between transit and destination countries to deal fully with the implications of migration with a view to finding balanced and equitable responses to those situations. Mexico fully agreed that the dimension of human rights should be evident in all agreements with regard to migrant flows. Mexico also agreed with the Special Rapporteur that special attention should be paid to victims of trafficking, including women and children, as well as persons requesting asylum. Taking into account the vulnerable situation of those people, a seminar should be held with the participation of all relevant parties, in coordination with the Office of the High Commissioner for Human Rights.
1Joint statement on behalf of: Europe-Third World Centre; International League for the Rights and Liberation of peoples; Movement against Racism and for Friendship among Peoples; France Libertés – Fondation Danielle Mitterrand; and International Trade Unions Confederation.
For use of the information media; not an official record
HRC08016E