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HUMAN RIGHTS COUNCIL HEARS FROM 15 DIGNITARIES AS IT CONTINUES HIGH-LEVEL SEGMENT
The Human Rights Council this morning continued its high-level segment, hearing from 15 dignitaries, who raised a wide range of issues, including the respect for cultural differences and religions, the linkage between climate change and human rights, poverty eradication, technical and capacity building assistance, the rights of refugees and displaced persons, and the role of human rights in peace and reconciliation efforts. The majority of speakers spoke on the observance of the 60th anniversary of the Universal Declaration of Human Rights and the steps being taken at the national, regional and international levels to promote and protect human rights in this context.
Dignitaries from Ghana, Mauritania, Bosnia and Herzegovina, Yemen, Tanzania, the Maldives, Ecuador, Nigeria, Indonesia, Zambia, Iraq, Kenya, Poland, Iran and the Council of Europe took the floor.
Ambros Dery, Minister of State at the Ministry of Justice of Ghana, said that it was gratifying to note that 60 years after the Universal Declaration of Human Rights, the Human Rights Council was at the forefront of the global effort to promote human rights. Besides the universality and indivisibility of human rights, it was also important to envisage a new international order where economic, social and cultural rights were ultimately placed on par with civil and political rights.
Limam Ould Teguedi, Minister of Justice of Mauritania, recalled that at the sixth session of the Council, he had announced the intention of the new Mauritanian Government to overcome all violations which the country had seen in past decades, to deal with the return of Mauritanian refugees in Senegal and Mali, and to end the remnant situations of slavery. To help the return of refugees, the Government had created an agency to help their reintegration in the society and had made available funds for this.
Sven Alkalaj, Minister for Foreign Affairs of Bosnia and Herzegovina, said that with the establishment of the Human Rights Council, the international community started a new era in the field of human rights work. The Council had made great steps during its institution-building process and positive results in implementation had already been achieved, but there was still much work to be done. Bosnia and Herzegovina as a truly multi-ethnic and multi-cultural State had a genuine interest and commitment, deeply rooted in its distinctive nature to promote and protect human rights.
Houda Ali Alban, Minister of Human Rights of Yemen, congratulated the Council for its outstanding work, but said that a long and difficult road was lying ahead: more openness and respect of cultural differences had to be met. Yemen had travelled a long way in the protection of human rights. But democracy and human rights were not tactical policies; they were based on a national vision going back to the roots of Yemen’s civilisation.
Mathias Meinrad Chikawe, Minister for Justice and Constitutional Affairs of Tanzania, said Tanzania remained committed towards the promotion and protection of human rights of its citizens, and it was a party to the core United Nations and regional human rights instruments. In advancing the human rights cause, Tanzania had accepted to become the seat for the African Court on Human Rights and Peoples’ Rights with its head quarters in Arusha.
Abdulla Shahid, Minister of Foreign Affairs of the Maldives, announced that the Maldives and other interested parties would table, during the current session, a draft resolution on human rights and climate change which would simply ask the Human Rights Council to consider, in a considered, non-politicized and non-condemnatory manner, the implications of climate change for the full enjoyment of human rights.
Gustavo Jalkh, Minister of Justice and Human Rights of Ecuador, said Ecuador had endeavored to consolidate its State policy along five fundamental axes: a political revolution, an economic revolution, an ethical revolution, a social revolution and a revolution for its sovereignty. This policy had the purpose of placing human rights at the centre of the State’s policy. Among other things, Ecuador had a main goal of eradicating poverty, which could only be overcome by achieving human rights.
Ojo Maduekwe, Minister of Foreign Affairs of Nigeria, called on all countries to include the unfinished aspects of the Council’s work, including the ongoing review, rationalization and improvement of all mandates of the defunct Commission. Similarly, it was necessary to expedite action on the elaboration of the relevant Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, as these rights were inextricably linked to civil and political rights.
Hassan Wirajuda, Minister of Foreign Affairs of Indonesia, said that it was significant to observe the 60th anniversary of the Universal Declaration of Human Rights just as the Human Rights Council was spreading its wings. After an intensive institution building process, the Council had fulfilled its mandate to carry out a complete overhaul of every single structure of the old Commission. The next 60 years would surely see as many breakthroughs for human rights as had been seen in the first six decades.
Kabinga Pande, Minister for Foreign Affairs of Zambia, said Zambia had endeavored to undertake human rights programmes that balanced the different dimensions of human rights. The Government was making every effort to address the various challenges that it faced in the promotion and protection of human rights. It also hoped that through the new Universal Periodic Review mechanism, Governments would receive necessary technical and capacity building assistance to alleviate these challenges.
Hussein Jasim Nasser Al-Zuhairi, Vice-Minister for Human Rights of Iraq, said that Iraq had made several security improvements since last March, with the exception of certain hot spots like Baghdad. The implementation of the rule of law plan since February 2007 was one of the reasons for this security improvement. The Iraqi Government, with the help of international organizations, had tried to address the worsening situation of refugees and internally displaced persons. Many of them were now moving to more secure areas, and others were returning to their regions.
Dorothy Angote, Vice-Minister for Justice and Constitutional Affairs of Kenya, said the session came at a time when Kenya was emerging from a major political challenge, arising from the post-election violence that erupted following the announcement of the Presidential results on December 2007. The agreement of 28 February 2008, signed between President Mwai Kibaki and Radila Odinga, was a triumph for dialogue and diplomacy and also for peace and reconciliation.
Witold Waszczykowski, Vice-Minister of Foreign Affairs of Poland, said the expectations that Poland had towards the Human Rights Council always were and still remained very high. Concerning the establishment of a system of Special Procedures, both thematic and country specific, Poland believed that this system should be reinforced. The Universal Periodic Review should not be viewed as an alternative to country mandates, these two mechanisms should be considered as complementary.
Manouchehr Mottaki, Minister of Foreign Affairs of Iran, said the culture of human rights was a core component of the common heritage of humanity. It was built on the values shared in various cultures and civilizations. Diversities should never be used as an excuse to foment political and ideological confrontation; they were a source of richer cultural life. Achieving this aim required collective commitment. Iran had thus hosted the Non-Aligned Movement ministerial meeting on human rights and cultural diversity in 2007.
Terry Davis, Secretary-General of Council of Europe, said the Council of Europe was to Europe what the United Nations was to the world – an organization which existed to implement a commitment to fundamental human rights and the dignity of every human being. Referring to Kosovo, whatever its status was, the fact was that the European Convention on Human Rights, the Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the Framework Convention on the Protection of National Minorities should apply to Kosovo in the interests of the people living there.
When the Council resumes its work at 3 p.m. this afternoon, it will continue with its high-level segment which will conclude on 5 March.
High-Level Segment
AMBROS DERY, Minister of State at the Ministry of Justice of Ghana, said that it was gratifying to note that, 60 years after the Universal Declaration of Human Rights, the Human Rights Council was at the forefront of the global effort to promote human rights. Ghana congratulated the Council for the completion of the institution building text. Of particular interest to Ghana was the Working Group on People of African Descent and Minorities. Besides the universality and indivisibility of human rights, it was also important to envisage a new international order where economic, social and cultural rights were ultimately placed on par with civil and political rights. The Constitution of Ghana guaranteed respect for the economic, cultural and social rights of its citizens. However the recognition of these basic rights could not guarantee per se their enjoyment. The issue of technical cooperation was therefore paramount to developing countries.
Mr. Dery said that the Government of Ghana was committed to the promotion and protection of human rights. Steps were underway to ratify the Optional Protocol to the Convention against Torture. A Ministry of Women and Children had been created. Of importance was also the new Domestic Violence and Victims Support Unit of the Police Service. Furthermore in the pursuit of the realization of the right to education, the Government had introduced the capitation grant to schools and had also started on a pilot basis a school feeding programme. On the current session, it was hoped that the review, rationalization and improvement of mandates would make progress in endorsing acceptable criteria for this process. On the Universal Periodic Review, Ghana looked forward to a fruitful process, devoid of polemics. The importance of expediting the process of establishing the Voluntary Trust Fund was stressed.
LIMAM OULD TEGUEDI, Minister of Justice of Mauritania, said that at the sixth session of the Council, he had announced the intention of the new Mauritanian Government to overcome all violations which the country had seen in past decades, to deal with the return of Mauritanian refugees in Senegal and Mali, and to end the remnant practices of slavery or slavery-like conditions. The Mauritanian refugees had started returning from Senegal and Mali and this operation was continuing. To help the returnees, the Government had created an agency to help their reintegration in the society and had made available funds for this. As part of the Government’s efforts to unit the country, it had set up a ministerial committee to hold constructive and wide spread consultations to resolve all issues between the different parties. The Government had also passed a law against slavery and had undertaken a large national campaign under the supervision of the President of Mauritania to increase awareness of the problems of slavery. With regards to the rule of law, the Government was reviewing all its legislation to ensure it followed the political and democratic changes that the country had seen. An Economic and Social Council had been created to advise the Government about its policies in these fields, and a law to protect persons affected by HIV/AIDS had been passed. The Government was also concentrating on supporting the independence of the judiciary.
The democratic process that the country had undergone recently had had a big effect on the development of the relations of Mauritania with international organizations in the field of human rights. Mauritania had hosted visits from the United Nations Special Rapporteur on racism and racial discrimination, the Working Group on enforced disappearances, Amnesty International and others. The suggestions and recommendations offered by these visitors would help the Mauritanian Government improve the situation of human rights in the country. Mauritania’s new Government had a true and strong will to uphold all provisions in the international human rights treaties and would work with the Council and others in order to promote and protect human rights.
SVEN ALKALAJ, Minister for Foreign Affairs of Bosnia and Herzegovina, said that with the establishment of the Human Rights Council the international community started a new era in the field of human rights work. The Council had made great steps during its institution-building process and positive results in implementation had already been achieved. However, there was still much work to be done. The system of the Special Procedures was the mirror of the Human Rights Council’s work which demonstrated its functional ability to promote and protect human rights in the world and the Universal Periodic Review process was a big challenge for the Council’s future work. Celebrating the 60th anniversary of the adoption of the Universal Declaration of Human Rights gave additional impetus for the promotion and concrete implementation of the Declaration and the other human rights instruments, which were of paramount importance for affording “all human rights for all”. However, there was concern that international human rights standards were not fully respected worldwide. Many people were deprived of full enjoyment of their civil, political, cultural, economic and social rights. Therefore, the international community must continue its activities in strengthening the United Nations’ genuine efforts to improve the respect of human rights and fundamental freedoms.
Bosnia and Herzegovina as a truly multi-ethnic and multi-cultural State had a genuine interest and commitment, deeply rooted in its distinctive nature to promote and protect human rights, he said. Bosnia and Herzegovina had always supported different initiatives on dialogue among cultures and civilizations. Bosnia and Herzegovina was committed to promoting rights and welfare of children and, in that context, had adopted a number of programmes and plans of action relevant to the very promotion of children’s rights. Significant progress had also been made in modifying necessary legislation for the protection of women. Moreover, combating human trafficking remained one of the highest priorities for the authorities of Bosnia and Herzegovina. The country was also committed to the regulation of the legal status of minorities through adoption of the Law on the Protection of the Rights of National Minority Members. Bosnia and Herzegovina continued to be an active participant in various regional cooperation initiatives. By transformation of the Stability Pact for South East Europe, the Regional Cooperation Council was established with Sarajevo as the seat of its Secretariat. This new instrument of cooperation in the South Eastern Europe region would contribute greatly to the stability, prosperity and speedy democraticization of the counties in the region.
HOUDA ALI ALBAN, Minister of Human Rights of Yemen, congratulated the Council for its outstanding work, but said that a long and difficult road was lying ahead: more openness and respect of cultural differences had to be met. Yemen had travelled a long way in the protection of human rights. But democracy and human rights were not tactical policies; they were based on a national vision going back to the roots of Yemen’s civilisation.
On the work of the Council, Ms. Alban said that the rejection of selectivity, politicization and double standards would surely strengthen the Human Rights Council. The Council was a few weeks away from the first Universal Periodic Review process, and Yemen hoped that this process would be held in a spirit of cooperation and that it would set a correct basis for future meetings of the Universal Periodic Review. Special attention had to be paid to the suffering of peoples. It was unacceptable that Arab peoples remained under the Israeli occupation and the humiliating practices of this army which were against all human values. Israel was ignoring international instruments. Gaza had witnessed frightful massacres just a few days ago. The occupying forces had concocted unprecedented criminal methods. Yemen condemned this massacre. Israel should put an end to these practices. The Council was called on to use its mandate in order to address these issues. Archbishop Tutu had been unable to fulfil his mandate given by the Council and to visit the Occupied Palestinian Territory; no real human rights mission could take place without an international effort. An end should be put to injustice. Silence would only lead to more human rights violations. The distortions placed on Islam by media in some countries could break down the dialogue between religions and civilizations; it did no service to humanity. Yemen called for further studies on this matter.
MATHIAS MEINRAD CHIKAWE, Minister for Justice and Constitutional Affairs of Tanzania, said that as the world celebrated the 60th anniversary of the Universal Declaration of Human Rights this year, it should take stock of what had been done and what had not been done, so far. Human rights had become an important pillar along with peace and security and economic development. Thus, the world could not, as it had been proven, have one of these without the other. Tanzania remained committed towards the promotion and protection of the human rights of its citizens, and it was a party to the core United Nations and regional human rights instruments. In advancing the human rights cause, Tanzania had accepted to become the seat for the African Court on Human Rights and Peoples’ Rights with its head quarters in Arusha. This was a clear demonstration of the trust and confidence that Tanzania’s colleagues in Africa had bestowed on the country, and it would continue to work closely with the court so that it functioned smoothly to achieve its intended goal.
Mr. Chikawe said Tanzania had welcomed the establishment of the Universal Periodic Review mechanism and had accepted to undergo a review as slotted during the selection process. It had also volunteered to undergo the African Peer Review. Tanzania continued to support the inherited Special Procedures from the former Human Rights Commission with great interest. Tanzania wanted to place on record that the Government recognized that the issue of trafficking in humans was a complex one. However, it was the view of the Government that this could be tackled through concerned efforts both at the national, regional and international levels. Tanzania was putting in place both policy and legal frameworks to address the problem. Poverty remained the greatest threat to the promotion of equality and democratic values all over the world today. Tanzania continued to appeal to the developed partners to correct the prevalent economic imbalances through the already agreed frameworks such as the Monterrey Consensus. Tanzania appealed to the Council to continue offering its support to the Government in the implementation of various plans and programmes pertaining to the promotion and protection of human rights.
ABDULLA SHAHID, Minister of Foreign Affairs of the Maldives, while announcing the birth this morning of five babies in the capital of the Maldives, Male, said that, given the predictions of the Inter-governmental Panel on Climate Change, these children would not have the opportunity to end their days in the country of their birth. The effects of climate change did not stop at the border of the Maldives. Every single person in every single country on the planet was affected by climate change. The effects may not be felt between countries and peoples; for example, people in poorer countries were disproportionately vulnerable. Beyond the science and the politics, climate change had a human face, a human dimension. When one strived to consider the effects of a phenomenon like climate change on an individual human being, it was clear that an assessment of the impact on their human rights was an obvious place to start. This was why the Maldives and other interested parties would table, during the current session, a draft resolution on human rights and climate change. The resolution would simply ask the Human Rights Council to consider, in a considered, non-politicized and non-condemnatory manner, the implications of climate change for the full enjoyment of human rights.
As well as being a vital year for efforts to stabilize the world’s climate, 2008 was also a landmark year in the democratic history of the Maldives, Mr. Shadid said. After almost three years of work, the Maldives’ constitutional assembly was on the verge of completing the country’s new Constitution. The new text represented a quantum leap for democracy and rule of law in the Maldives, providing for a full and clear separation of the legislative, executive and judicial branches of government; the full enjoyment of human rights and fundamental freedoms; and the creation of key independent oversight bodies such as a national human rights commission and an anti-corruption board. As a concrete demonstration of the Maldives’ commitment and support to the Human Rights Council and the Office of the High Commissioner for Human Rights, it was announced that the Maldives, a least developed country, had decided to respond to the Office of the High Commissioner for Human Rights’ universal donorship drive by making a voluntary financial contribution in support of efforts to give practical effect to the ideals set out in the Universal Declaration on Human Rights.
GUSTAVO JALKH, Minister of Justice and Human Rights of Ecuador, said the Government of Ecuador, in support of its permanent goal of turning its citizens’ revolution into reality, had undertaken new challenges to promote, protect and fully guarantee human rights within the country. Ecuador had established a new Ministry of Justice and Human Rights in November 2007. Ecuador had endeavored to consolidate its State policy along five fundamental axes: a political revolution, an economic revolution, an ethical revolution, a social revolution and a revolution for its sovereignty. This policy had the purpose of placing human rights at the centre of the State’s policy. The State had a main goal of eradicating poverty, which could only be overcome by achieving human rights. Ecuador’s State policy represented a call for peace and development along five provinces in the north of the country which were directly affected by violence. This plan encompassed the full respect for human rights for all. Ecuador had embarked on ambitious projects to improve mechanisms to recognize the tens of thousands of refugees located around its northern border.
There were no illegal human beings; there were only sick and illegal human practices, he said. The Ministry of Justice and Human Rights had the prime mission to apply high-quality and transparent justice while ensuring the full respect for human rights for all. Among other things, the Government of Ecuador had sought to guarantee free legal aid for all persons who could not pay for a defense lawyer; to reduce the high number of prisoners awaiting trial; to coordinate programmes and projects of the various bodies involved in the social rehabilitation system; and to take into account the individual situation of each and every person deprived of his or her liberty. Another priority was to promote a national plan for human rights. Moreover, the country had strived to promote a citizens-based structure in order to enable people to protect their own human rights. Ecuador had signed the Convention on the Rights of Disabled Persons, its Constitutional Court had ratified the Optional Protocol on Torture, and the country had signed the Convention on Forced and Involuntary Disappearances. Ecuador promoted the move to establish an Optional Protocol to the International Convention on Economic, Social and Cultural Rights. Ecuador considered inadmissible any suggestion that would relativize its clear actions at the international level and reiterated its desire for peace and respect for international humanitarian law and rejected all actions that violated its sovereignty.
CHIEF OJO MADUEKWE, Minister of Foreign Affairs of Nigeria, said much work had already gone into the building of the new Council, reflecting the commitment, dedication and support of Member States. This was, as it should be. Nigeria strongly believed that the Human Rights Council deserved its fullest support. That was why all countries should make haste, albeit in solidarity and cooperation, to include the unfinished aspects of the Council’s work, including the ongoing review, rationalization and improvement of all mandates of the defunct Commission. Similarly, it was necessary to expedite action on the elaboration of the relevant Optional Protocol to the International Covenant on Economic, Social and Cultural Rights as these rights were inextricably linked to civil and political rights.
Mr. Maduekwe said it was now over seven years since the World Conference on Racism, Racial Discrimination, Xenophobia and Related Intolerance was held in Durban, South Africa. Regrettably, so far, not only had there been a seeming reluctance to implement the Durban commitments, but indeed there had also been a perceived design to scuttle and reverse the gains of Durban. Nigeria was strongly of the opinion that the forthcoming Durban Review Conference presented both the opportunity and the moment for the redress of the pains and hurt of the past and present forms of discrimination in all its varied and vicious forms. On climate change, no time should be lost in addressing this issue of global concern. On human rights and human security, the proliferation of small arms and light weapons posed a challenge which could not and should not be ignored. The same applied to the threat posed by millions of unexploded anti-personnel landmines that dotted the landscape of many African countries. The Council should address these issues. Nigeria had commenced preparations for the Universal Periodic Review exercise scheduled for the first quarter of 2009. It welcomed the opportunity of this upcoming review, which would in fact be complementing the review process already undertaken under the African Union Peer Review mechanism. Nigeria was charting a new development agenda that sought not only to empower and give voice to its citizens, but also to enable them to enjoy the dividends of democracy as owners, managers and drivers of the ongoing processes of development and change.
HASSAN WIRAJUDA, Minister of Foreign Affairs of Indonesia, said that it was significant to observe the 60th anniversary of the Universal Declaration of Human Rights just as the Human Rights Council was spreading its wings. After an intensive institution building process, the Council had fulfilled its mandate to carry out a complete overhaul of every single structure of the old Commission. The next 60 years would surely see as many breakthroughs for human rights as had been seen in the first six decades. The adoption of the Code of Conduct for the Special Procedures was welcomed. It was also remarkable that the Council had been able to hold six special sessions in the midst of its institution building process. The Council had thereby shown that it was ready to respond swiftly at all times to emergencies.
Mr. Wirajuda noted that the Council’s founding resolution stipulated that it had to work on the basis of the principles of cooperation ad dialogue. This encouraged governments to be more open and thus they did not need to be defensive. There was no finger pointing as the Commission had used to do. This groundbreaking change was welcomed. The Universal Periodic Review mechanism reflected the Council’s will to achieve equality and equity. Indonesia was honoured to be part of the first round of countries to be reviewed. The Human Rights Council was now ready to assume all tasks for which it had been created. But one factor had to come into play, without which the Council would fall short of its mission: political will. All parties had to adopt a positive and mature attitude. It was expected that the workload of the Council would increase in coming years.
Regional and sub-regional arrangements could complete and reinforce national and international human rights promotion. Mr. Wirajuda noted that the Association of South East Asian Nations (ASEAN) should establish an ASEAN human rights body. The intimate link between human rights issues and climate change was also noted. At the national level, Indonesia was attaching much importance to cooperating with United Nations mechanisms and three Special Procedures had been invited to visit the country in 2006 and 2007. The cause of human rights was a vast subject but every small step counted in the effort.
KABINGA PANDE, Minister for Foreign Affairs of Zambia, said Zambia was happy to note that the Council had concluded its institution building process which had led to the adoption of an institution building text in June 2007. Zambia was committed to the institutions that had been set up for the Council and pledged to cooperate with them. Particularly, Zambia congratulated the Council on the initiative to create a Universal Periodic Review mechanism which would enhance the promotion of human rights, and also the sharing of best practices among Member States. The Universal Periodic Review would start in April 2008, and Zambia would be reviewed in May and he assured his Government’s full cooperation with the mechanism both during and after the review.
Mr. Pande said Zambia was a party to six United Nations human rights treaties, including the International Covenant on Civil and Political Rights and the International Covenant on Economic Social and Cultural Rights, among others. Zambia was also a party to the African Charter on Human and Peoples’ Rights. The Government appreciated that true peace could only be achieved when fundamental freedoms and rights were fully promoted, protected and enjoyed by all within a state.
The Government of Zambia had endeavored to undertake human rights programmes that balanced the different dimensions of human rights. The Government was making every effort to address the various challenges that it faced in the promotion and protection of human rights. It also hoped that through the new Universal Periodic Review mechanism, Governments would receive necessary technical and capacity building assistance to alleviate these challenges. He hoped that this session would conclude with the adoption of decisions and/or resolutions that would further the promotion and protection of human rights.
HUSSEIN JASIM NASSER AL-ZUHAIRI, (Iraq), Vice-Minister for Human Rights of Iraq, said that Iraq had made several security improvements since last March, with the exception of certain hot spots like Baghdad. The implementation of the rule of law plan since February 2007 was one of the reasons for this security improvement. The Iraqi Government, with the help of international organizations, had tried to address the worsening situation of refugees and internally displaced persons. Many of them were now moving to more secure areas, and others were returning to their regions. Also, the pardon law would have major effects in furthering the national healing process.
Mr. Al-Zuhairi said that structural development and capacity building had been the focus of the Government in past years. The Ministry of Human Rights had a special framework to monitor the human rights situation amongst the largest possible number of Iraqi people. A new constitutional human rights body was also being created. Based on the Paris principles, it would be independent and would work on promoting and protecting human rights. Iraq was undergoing wide legislative improvements. They were being made compatible with international human rights principles. New legislation was guaranteeing the enjoyment of fundamental rights and freedoms. Integrating Iraq in the international community was being implemented by the planned signing of several conventions. The Special Rapporteur on torture would be visiting Iraq in the next few weeks and a special committee had been formed in order to coordinate with him. The enjoyment of human rights had suffered greatly in Iraq because of terrorist activities targeting journalists and human rights activists. The human rights and freedoms of women had also been affected because of the retarded thinking of the terrorists. Iraq thanked and appreciated all efforts by the international community, including States and organizations, who were helping Iraq’s people and government overcome the difficult period that it was passing through. Iraq was happy to reiterate its invitation to High Commissioner for Human Rights Louise Arbour to visit Iraq.
DOROTHY ANGOTE, Vice-Minister for Justice and Constitutional Affairs of Kenya, while noting that the establishment of the Council was an important milestone in the fight for the cause of humanity and the human rights of every person, said that the Council, since its inception, had made some effort to distinguish itself from its predecessor in its methods of work. It was therefore imperative that it continued to deal with human rights violations, guided by the principles of transparency, universality and impartiality, devoid of double standards and selectivity. The Council was crucial for the protection of human rights worldwide and provided a unique opportunity to promote the human rights agenda, by advocating and promoting strong and effective mechanisms through international dialogue and cooperation. Another key element in this regard was the system of Special Procedures. The Council should ensure that the rights of women were engendered in all Special Procedures and mechanisms of the Council.
This session came at a time when Kenya was emerging from a major political challenge, arising from the post-election violence that erupted following the announcement of the Presidential results on December 2007, Ms. Angote said. In this regard, Kenya witnessed cases of unprecedented violence in some parts of the country, perpetrated and fuelled mainly through incitement and manipulation of ethnic differences. Over 1,000 Kenyans lost their lives, about 350,000 Kenyans were internally displaced and property worth billions of shillings was destroyed. Kenya had subsequently put in place effective mechanisms aimed at bringing these acts of violence to an end and had also provided coordinated humanitarian assistance to the displaced people. The agreement of 28 February 2008, signed between President Mwai Kibaki and Radila Odinga, was a triumph for dialogue and diplomacy and also for peace and reconciliation. The country’s future depended on a solid foundation of democracy, constitutionalism, rule of law, respect for human rights and equity of resources and opportunities.
WITOLD WASZCZYKOWSKI, Under–Secretary of State at the Ministry of Foreign Affairs of Poland, said he would like to focus on the most salient accomplishment in the area of human rights which was the establishment of the Universal Periodic Review. Poland viewed this as a tool which would provide possibilities of assessment of the situation of human rights in all countries. Poland was looking forward to the first Universal Periodic Review session in April 2008. The expectations that Poland had towards the Human Rights Council always were and still remained very high. Concerning the establishment of a system of Special Procedures, both thematic and country specific, Poland believed that this system should be reinforced; the Universal Periodic Review should not be viewed as an alternative to country mandates, these two mechanisms should be considered as complementary. He hoped that the review of all remaining country mandates would take place according to the rules set out in adequate documents and in the spirit of mutual understanding and cooperation.
Mr. Waszczykowski noted that Poland valued the establishment of the mechanism of special sessions of the Council. On several occasions they had proved to be the right way to draw the attention of the international community to grave situations of human rights violations. The special sessions should serve as a means of solving problems and not as a way of repetitive naming and shaming of particular countries. The cooperation of all States with human rights mechanisms and the application of decisions and resolutions adopted in Geneva and New York were important. The Universal Declaration of Human Rights was a source of hope and inspiration for many generations of Polish defenders of human rights and opposition leaders in the times of the communist regime; the struggle for the respect of values enshrined in the Declaration resulted in the creation of a free and democratic Poland. This was one of the reasons why the Universal Declaration of Human Rights was so dear to Poles.
MANOUCHEHR MOTTAKI, Minister of Foreign Affairs of Iran, recalled the current situation in Palestine where he said violations of the right of owning land and the right to life were taking place. He requested one minute of silence for the women and children who were under attack by the Zionist regime. The culture of human rights was a core component of the common heritage of humanity. It was built on the values shared in various cultures and civilizations. Diversities should never be used as an excuse to foment political and ideological confrontation; they were a source of richer cultural life. Achieving this aim required collective commitment. Iran had thus hosted the Non-Aligned Movement ministerial meeting on human rights and cultural diversity in 2007. Its purpose was to articulate standards required to command greater respect. The establishment of the Human Rights Council, based on lessons learned from the Commission, gave new hopes. The Council should be the focal point of reliance, hope and participation for all peoples. The question was now to see if the Council would be able to address human rights issues and rectify the shortcomings of the human rights machinery. This could not take place unless partiality, selectivity and double-standards were prevented.
Mr. Mottaki noted that the Universal Periodic Review constituted a breakthrough. The real challenge before the Council was to ensure that the monitoring system truly worked as a universal mechanism. Equal attention should be paid to human rights situations in all corners of the world. The Council was the most competent United Nations human rights institution, where the plights of the Palestinian people should be seriously addressed. The Zionist regime continued and intensified its heinous crimes, in defiance of human rights principles and international law, as well as United Nations resolutions. The world was also experiencing new forms of xenophobia, which endangered peace and coexistence. Iran would actively participate in the Durban Review Conference. The growing tendency toward Ismalmophobia was also a critical issue. Freedom of speech was important, but the protection of the religion was also important. The European Union should adopt measures rules and regulations to forbid the offence of one’s religion.
TERRY DAVIS, Secretary-General of the Council of Europe, said the Council of Europe was to Europe what the United Nations was to the world – an organization which existed to implement a commitment to fundamental human rights and the dignity of every human being, regardless of his or her sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status. There were five specific and topical issues, which had to be taken into account in planning this future cooperation. The first dealt with the protection of human rights in the context of the fight against terrorism. All governments had an obligation to protect the public against terrorism, and international bodies such as the United Nations and the Council of Europe had the obligation to assist and contribute to the anti-terrorist campaigns. The second issue concerned the United Nations’ and the European Union blacklists. The blacklisting procedure might be incompatible with the obligation of the Council of Europe’s Members States under the European Convention on Human Rights. Thirdly, on the abolition of the death penalty, the United Nations and the Council of Europe should make sure that people living in its countries understood, accepted and supported the reasons for its abolition.
The fourth point concerned the campaign against trafficking in human beings, which was one of the issues being discussed at the Human Rights Council. Mr. Davis recalled that the Council of Europe’s Convention on Action against Trafficking in Human Beings entered into force on 1 February this year. The Convention provided governments, and not only European governments, with a strengthened international legal framework to prevent trafficking and provided for assistance to the victims and for the prosecution of both traffickers and the “clients”. The final point concerned Kosovo. There could not be black holes of human rights protection in Europe, this applied to Kosovo as much as anywhere else. Whatever the status of Kosovo, the fact was that the European Convention on Human Rights, the Convention on the Prevention of Torture and Inhuman or Degrading Treatment or Punishment, and the Framework Convention on the Protection of National Minorities should apply to Kosovo in the interests of the people living there. The long-standing experience of the Council of Europe in all these areas and in the field of human rights in general could be of assistance to other organizations, such as the United Nations, and to countries around the world.
For use of the information media; not an official record
HRC08008E