HUMAN RIGHTS COUNCIL HOLDS INTERACTIVE DIALOGUE WITH EXPERTS ON SITUATION OF HUMAN RIGHTS IN CAMBODIA AND LIBERIA

The Human Rights Council this afternoon held an interactive dialogue with the Special Representative of the Secretary-General for human rights in Cambodia and the Independent Expert for technical cooperation and advisory services in Liberia. It also heard a statement by the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights.

Yash Ghai, the Special Representative of the Secretary-General for human rights in Cambodia, said that he discussed three issues in his report: the rule of law in Cambodia, the Extraordinary Chambers in the Courts of Cambodia for trial of Khmer Rouge leaders; and the new electoral law, in view of upcoming elections to the National Assembly later in 2008. The people of Cambodia had made a collective commitment to the rule of law through the Constitution which was freely adopted by the Constituent Assembly. There had been some progress towards the rule of law since the adoption of the Constitution, but it had been slow. The lack of independence of the judiciary and prosecution, although guaranteed by the Constitution, remained a major obstacle to the rule of law.

Cambodia, speaking as a concerned country, expressed Cambodia’s disappointment at the report of the Special Representative of the Secretary-General on the evaluation of human rights in Cambodia, which did not fairly reflect the reality in the country. The Special Representative had ignored the progress and the efforts made by the Government of Cambodia. The Government also found that many of the cases, related issues and references described in the report were selectively made for sensational purposes and were overly exaggerated. The assessment of the report stating that the “Cambodian judiciary had failed” was not acceptable for the Government nor was it realistic in reflecting the overall context of the country’s development process. Over the years, Cambodia’s progress towards the creation of a democratic society and its institutions had been consolidated in order to meet the objectives enshrined in the Constitution.

In the interactive dialogue, speakers praised some positive developments in Cambodia, in particular concerning legislation and the judiciary. More steps had to be taken. Delegations expressed support for the mandate of the Special Representative. They expressed concern about the continuing forced evictions, corruption and impunity and hoped that there would be continuing support to Cambodia in capacity building.

Speaking in the interactive dialogue were Japan, Slovenia on behalf of the European Union, Malaysia, the United Kingdom, the United States and Sweden.

The following non-governmental organizations also took the floor: International Federation of Human Rights Leagues (FIDH), in a joint statement with Human Rights Watch and Amnesty International.

Charlotte Abaka, United Nations Independent Expert for technical cooperation and advisory services in Liberia, presenting her report, said the participatory approach whereby consultative meetings were held at both the country and regional levels during the preparation of the Poverty Reduction Strategy Document was a positive indicator that the final document would address the concerns and needs of all citizens and particularly the most vulnerable in society. The Truth and Reconciliation Commission had now completed its public hearings in Monrovia, and in four of the fifteen counties approximately 200 testimonies had been heard. Also noted as positive was the passage of several pieces of legislation including, in particular, the Amendment of Section 1508 of Chapter 16 of the Labor Practices Law, which would facilitate the settlement of disputes between employees. The establishment of the National Child Labor Commission and the National Anti Human Trafficking Task Force were also commendable initiatives. Moreover, an anti corruption policy had been adopted by the Government of Liberia and the legislature was currently debating the enabling act for the commission.

In the interactive dialogue, speakers commended Liberia for cooperating with the Independent Expert, establishing the Truth and Reconciliation Commission and undertaking efforts to reform the national judicial system. There still remained a number of challenges which necessitate the continued political will of the Liberian Government and the technical and financial support of the international community.

Speaking in the interactive dialogue were Egypt on behalf of the African Group, Slovenia on behalf of the European Union, the United States and Ghana.

William Schabas, Acting Chairperson of the last session of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, presenting the report, said that the Voluntary Fund for Technical Cooperation in the Field of Human Rights had in recent years refocused its attention from the more detailed revision of individual projects to advising the Office of the High Commissioner for Human Rights on policy orientation and strategy in strengthening its country engagement and rationalizing procedures of the Technical Cooperation Programme. The objectives of the twenty-sixth and twenty-seventh sessions of the Board had been to explore the challenges identified in the High Commissioner’s Plan of Action in terms of substantive cross-cutting issues as entry points for country engagement and technical cooperation programming.

Iran, Lithuania and the Dominican Republic spoke in right of reply.

When the Council meets at 10 a.m. on Thursday, 20 March, it will hold an interactive dialogue with the Independent Expert on the situation of human rights in Somalia, before holding a review, rationalization and improvement of the mandates of the Independent Expert on the situation of human rights in the Democratic Republic of the Congo and the Independent Expert on the situation of human rights in Somalia.

Document

The Council has before it the report of the Special Representative of the Secretary-General for human rights in Cambodia, Yash Ghai (A/HRC/7/42), which examines the extent to which the rule of law, including access to justice, is observed in Cambodia. The main issues analysed in the report relate to the criminal process, focusing on ending impunity, the rights of assembly and movement, and property rights, particularly those of indigenous peoples. It discusses the prospects of the jurisprudence and practice of the Extraordinary Chambers in the Courts of Cambodia (for trials of those most responsible for the atrocities of the Khmer Rouge regime) having a positive impact on the Cambodian legal system. There is also a section on the election system, a key component of democracy, where the rule of law is crucial, and a matter of some urgency as National Assembly elections are due in July 2008. In his conclusions, the Special Rapporteur laments that the Government has no incentives for legal reform, as the international community continues to make large financial contributions regardless of widespread violations of human rights. He recommends that the Government respect the independence of all prosecutors and judges, including those within the Extraordinary Chambers; devote more resources to the justice sector; and protect the rights of indigenous persons and others who, due to illiteracy, customary practices etc. are not familiar with the law or its procedures. Among recommendations to civil society and the international community are that civil society actors continue to provide people with information about human rights, institutions and remedies, and that foreign embassies should urge the Government to stop the most egregious violations.


Presentation of Report of the Special Representative of the Secretary-General for Human Rights in Cambodia

YASH GHAI, the Special Representative of the Secretary-General for human rights in Cambodia, said that he discussed three issues in his report: the rule of law in Cambodia, the Extraordinary Chambers in the Courts of Cambodia for trial of Khmer Rouge leaders; and the new electoral law, in view of upcoming elections to the National Assembly later in 2008. The principal focus of the report was the rule of law, which was particularly important for a State coming out of conflict. The people of Cambodia had made a collective commitment to the rule of law through the Constitution which was freely adopted by the Constituent Assembly. There had been some progress towards the rule of law since the adoption of the Constitution, but it had been slow. Welcome had been the enactment, at long last, of the Code of Civil Procedure and the Penal Procedure Code, and the imminent entry into force of the Civil Code and the Penal Code. However, other laws that had been promised by the Cambodian Government long ago had yet to be adopted. In particular, there had been slow progress in defining the framework to protect and register rights of indigenous peoples to their land, the law against corruption, the law on demonstrations, and – particularly important for the rule of law – the law on the status of the judiciary. The lack of independence of the judiciary and prosecution, although guaranteed by the Constitution, remained a major obstacle to the rule of law. The Government control of the judiciary and prosecution meant effectively that legal guarantees and security associated with the rule of law were largely missing in Cambodia. That led, on the one hand, to the victimization of the poor and the increasing marginalization of disadvantaged communities, and, on the other hand, legal impunity for ministers, officials and friends of government. Other consequences were the high level of corruption and massive violations of land and property rights.

Turning to the Khmer Rouge tribunal, which had been functioning since last year, Mr. Ghai noted that the internal rules had only been agreed after very protracted negotiations which had nearly brought the process to a premature end. The public had taken a keen interest in the trials, and the participation of the community and victims had been secured through the procedure of civil party action, which allowed victims to seek collective and moral reparations. There was much that Cambodian lawyers and judges could learn from the Extraordinary Chambers in the Courts of Cambodia, and he had been impressed at the mode and presentation of legal arguments, and references to international and regional jurisprudence. Nevertheless, there was need to temper optimism with caution: some of the Cambodian judges had been criticized for their past performance, and their independence might be questioned. As they were effectively appointed by the Government, they could also be removed by it. There had also been various irregularities in the appointment of senior administrative staff and inflated salaries, and a United Nations audit team had found numerous infractions of the rules. Yet remedial action had yet to be taken. At best, the impact of the tribunal would be marginal unless the Government took steps to end impunity for gross violations of human rights since 1991. It was particularly ironic that the international community was spending so much effort and money to end the impunity for a few old and broken persons for crimes they committed 30 years ago, while turning a blind eye to the present violations of rights and breaches of the law.

As for elections, Mr. Ghai found that there was a good legislative framework in place. However, serious obstacles remained to achieving the goal of political pluralism through elections. Some of those were connected with deficiencies in democratic governance, human rights, media access and fairness and in the role of civil society. Others were irregularities in the administration of elections that favoured the ruling party. In his report he had drawn attention to rules and features that had seemed to favour the ruling party. Unless those were remedied it was unlikely there would be free and fair elections. Among his principal recommendations made to the Government were that it had to promote and respect the independence of the judiciary and the prosecution, in accordance with the Constitution. It also had to establish an independent institution like an Ombudsperson to receive and investigate complaints of intimidation, corruption or maladministration by Government officials. Just this morning he had been informed that the Government was fully committed to the establishment of a National Human Rights Commission, and had invited civil society groups to form such a commission. That development was heartily welcomed.

Statement by Concerned Country

OM YENTIENG (Cambodia), speaking as a concerned country, expressed Cambodia’s disappointment at the report of the Special Representative of the Secretary-General on the evaluation of human rights in Cambodia, which did not fairly reflect the reality in the country. The Special Representative had ignored the progress and the efforts made by the Government of Cambodia. The Government also found that many of the cases, related issues and references described in the report were selectively made for sensational purposes and were overly exaggerated. The assessment of the report stating that the “Cambodian judiciary had failed” was not acceptable for the Government nor was it realistic in reflecting the overall context of the country’s development process.

Cambodia stated that in the area of legal and judicial reform, the Government had made significant progress by adopting key legislation. For example, the drafting of the Civil Procedure Code and the Penal Procedure Code had been conducted over many years through consultation and support with the Government of France and Japan. Nevertheless, Cambodia acknowledged that the legal system in Cambodia remained one of the bold challenges ahead in furthering the reform agenda of the Royal Government.

Over the years, Cambodia’s progress towards the creation of a democratic society and its institutions had been consolidated in order to meet the objectives enshrined in the Constitution. The country was moving on the right track with the successful holding of three national and two communal elections in the recent past. With regards to land reform, the Royal Government was fully aware of the complicated issue of land disputes, which were rooted in the historical, political, social and economic dimensions of Cambodia. In an effort to address this unique issue, the Government had established a National Authority in 2003 to be responsible for these matters. Prime Minister Samdech Hun Sen stated that political stability and social security appeared to be the main factors of growing progress in the social and economic development of Cambodia. The Royal Government would therefore continue to take the necessary steps to distribute land and provide land titling to the population, especially the genuinely landless poor living in remote areas.

Cambodia believed that the report should cover the entire picture of recent developments. As such, a substantial analysis of the historical, political, economic and cultural background should be made in a pragmatic and objective manner. No country could claim that it achieved full human rights. The Government would therefore appreciate if balanced judgements, criticisms and recommendations were made in a spirit of honesty and partnership.

Interactive Dialogue on Situation of Human Rights in Cambodia

ICHIRO FUJISAKI (Japan) noted as positive steps the legislation of basic laws such as the Civilian Code and the Penal Code, which Japan would support. The judiciary procedure started with the Extraordinary Chambers in the Courts of Cambodia was also a positive development and Japan was of the view that Cambodian lawyers could learn from this process. The elections in Cambodia last July were also noted as positive. Japan hoped that this year’s national election would be implemented fairly and in a peaceful manner. There were more things that had to be done. Japan would like to know what concrete proposals did the Special Representative have other than what had been presented in his report.

DOMINIK FRELIH (Slovenia), speaking on behalf of the European Union, said the European Union welcomed the efforts of the Special Representative to help the Cambodian authorities build up their legal and judicial system and shared his assessments about the importance of the rule of law in protecting human rights and fundamental freedoms. The European Union expressed its full support to the mandate of the Special Representative for human rights in Cambodia as well as for the people of Cambodia in the promotion and protection of human rights. The European Union urged both the Royal Government of Cambodia and the Special Representative to urgently find ways of working together for the wider benefit of the people of Cambodia.

The Special Representative was asked for his opinion as to whether it would be possible to translate the positive experiences and benefits gained from the work of the Extraordinary Chambers in the Courts of Cambodia into the national judicial system of Cambodia as a whole. He was also asked for more details on the proposal for the international community to set up or facilitate the setting up of an independent expert commission to review, among other things, the functioning of the legal and judicial system of Cambodia and for his views as to how such a panel would help solve the problem. The Special Representative was also asked if he had any indications that the Government of Cambodia might stop forced evictions and if not what measures he would recommend to urgently address this problem.

MOKTAR IDHAM MUSA (Malaysia) said that as a country emerging from a post conflict era, it was encouraging that Cambodia continued to engage itself with other international partners in transforming itself into a vibrant economy and democratic country. The fact that the elections held in April 2007 had taken place without any violence was seen as a sign of growing maturity. It was also heartening to see that the continuing economic growth had been gradually benefiting the general population. The commitments and the efforts made by the Government in improving its legal system were welcomed. Malaysia believed that the primary responsibility for promoting and protecting human rights lay within the States themselves.

BOB LAST (United Kingdom) said the United Kingdom remained fully supportive of the mandate of the Special Representative of the Secretary-General and for Mr. Ghai himself. The European Union also continued to support the Office of the High Commissioner for Human Rights in Cambodia, which played an important role in protecting and promoting human rights in the country. The United Kingdom was of the view that dialogue on human rights was key and it was keen to see an EU–Cambodia human rights dialogue begin soon. The United Kingdom wished to contribute fully to this process and hoped that the Royal Government of Cambodia would regard a dialogue with the European Union as an opportunity to engage in a constructive and open conversation. The Special Representative was asked how he would assess the current level of his own cooperation and dialogue with the Royal Government of Cambodia and whether he had any constructive suggestions on how this could be enhanced to bring about improvements in the human rights situation in Cambodia.

MICHAEL S. KLECHESKI (United States) said that the Special Representative was working diligently to highlight the various human rights abuses in Cambodia. The United States applauded the stated commitment of the Cambodian Government to ending impunity in its country but expressed its disappointment that the Special Representative of the Secretary-General was not able to meet with a high level Government officials to speak on such issues. The United States strongly encouraged Cambodia to continue its engagement with the United Nations human rights system and encouraged it to pursue reforms aimed at the promotion and protection of human rights.

JAN NORLANDER (Sweden) said that Sweden recognised the improvement of human rights in Cambodia. However, the judicial reform had been postponed too many times. The overriding problem was corruption and impunity. Sweden had provided capacity building support to Cambodia. There was a genuine will from the part of the Government but there was a continuous need for the Special Representative. Sweden trusted that the Government saw the positive aspects of collaborating with the United Nations.

JULIE DE RIVERO, of International Federation of Human Rights Leagues (FIDH), in a joint statement with Human Rights Watch, said the Centre and its affiliates fully supported the observations made by the Special Representative and regretted he was not able to meet with Government representatives during his last visit to Cambodia in December 2007. Forced evictions were one of Cambodia’s most pervasive human rights problems. It was estimated that some 150,000 lived under the threat of being evicted. The blatant lack of independence of the Cambodian judiciary contributed to a climate of impunity. The Council was urged to adopt a firm resolution to establish a moratorium on all forced evictions.

PETER SPLINTER, of Amnesty International, noted that in the Special Representative’s report influential individuals and groups forced communities with legitimate tenure, but without economic or political leverage, from their homes, often without the provision of adequate alternative housing, fair and just compensation or any other procedural safeguards against forced eviction. Amnesty International’s report on forced evictions in Cambodia described incidents where communities had been forcibly evicted resulting in homelessness or involuntary resettlement to sites that lacked even minimum essential levels of shelter, water and sanitation. Furthermore, some of the poorest families in resettlement sites lived at risk of being evicted again, having been told by village chiefs that they would have to give up the land because they had not built proper shelters. In one final question to the Special Representative, what could the Government of Cambodia do to ensure that its efforts to improve resettlement sites complied with international human rights standards?

Concluding Remarks by the Special Representative on Human Rights in Cambodia

YASH GHAI, Special Representative of the Secretary-General for human rights in Cambodia, in concluding remarks, said that he believed that there was a good prospect that the practices adopted by the extraordinary chambers would have a positive effect. It was important for the Government to respect the independence of these chambers and other institutions should disseminate their jurisprudence. He had consulted with the media on how the press could give prominence to the work of the chambers. The public should be engaged in the discussions about the procedures the chambers were adopting and transparency should be given to their work. He said that he did not know why there was no political will to do so but the Cambodian delegation said that they were committed to conduct reforms. Concerning the Independent Expert Commission for the review of the functioning of the legal system, he said that a body composed of ministry officials, civil society and the local office of the High Commissioner for Human Rights could be a good mix of members for it. There were many technical questions about jurisdiction and the reports of such a body would be of value to Cambodia. On the forced evictions, he said that there should be a moratorium on this phenomenon. The current legislation was good but certain gaps had to be filled. The Government should make sure that the police and army were not involved in forced evictions. Concerning the current level of cooperation he had with the Royal Government, he noted that there were some restraints; he had not been able to meet any senior officials during his last visit. However, channels of communication were kept open and he had had a fruitful dialogue with the Cambodian delegation today. It was also important that the local Office of the High Commissioner for Human Rights in Cambodia be maintained.

Document

The Council has before it the report of the Independent Expert on technical cooperation
and advisory services in Liberia, Charlotte Abaka (A/HRC/7/67), which notes that considerable progress has been made since the last report in improving security and implementing some aspects of civil, political, social, economic and cultural rights in Liberia. The lifting of sanctions by the Security Council on diamond and timber has opened avenues of income for both the public and private sectors. Progress has been made in the work of the Truth and Reconciliation Commission. However, the Commission continues to face many challenges, which have resulted in delays in statement taking and holding of public hearings. These challenges include structural and budget shortfalls. Serious concerns remain with regard to the rule of law and the judicial system. The discriminatory provisions of the hinterland regulations have not been repealed and some Liberians are still classified as civilized or uncivilized. The weak implementation of the Rape Law is a major concern, as is the persistence of harmful and discriminatory traditional practices, such as trial by ordeal. Female genital mutilation continues to be practised and has not been prohibited by law. The challenges facing the Government and Liberian society as a whole are therefore enormous. The report ends with recommendations to all stakeholders, including that the Government issue regulations prohibiting courts from allowing out-of-court settlement in rape cases, and that it provide training on gender sensitivity for judges and judiciary staff; that the international community support the establishment of a functioning statutory legal system by promoting the development of local capacities; and that the United Nations Mission in Liberia assist in developing the capacity of civil society in Liberia to provide constructive inputs into policymaking processes at the national and subnational levels.

Presentation by the Independent Expert for Technical Cooperation and Advisory Services in Liberia

CHARLOTTE ABAKA, Independent Expert for technical cooperation and advisory services in Liberia, presenting her report, said the participatory approach whereby consultative meetings were held at both the country and regional levels during the preparation of the Poverty Reduction Strategy Document was a positive indicator that the final document would address the concerns and needs of all citizens and particularly the most vulnerable in society. The Truth and Reconciliation Commission had now completed its public hearings in Monrovia, and in four of the fifteen counties approximately 200 testimonies had been heard. Also noted as positive was the passage of several pieces of legislation including, in particular, the Amendment of Section 1508 of Chapter 16 of the Labor Practices Law, which would facilitate the settlement of disputes between employees. The establishment of the National Child Labor Commission and the National Anti Human Trafficking Task Force were also commendable initiatives. Moreover, an anti corruption policy had been adopted by the Government of Liberia and the legislature was currently debating the enabling act for the commission.
The delay in the establishment of an Independent Human Rights Commission was a serious concern, Ms. Abaka added. It was also noted that the establishment of the Law Reform Commission was one of the 150 days programme priority issues identified by the Government of Liberia in 2006. Moreover, in the Annual Message to the Third Session of the 52nd national legislature, President Sirleaf stated that the Governance Commission was to provide the recommendations that would provide the framework for the drafting of an Act to establish a Law Reform and Land Reform Commission. Also welcomed was the establishment of a special unit at the Ministry of Gender to address the increasing incidence of gender based violence. However, there was a need for the Ministry to initiate the process of drafting a Domestic Violence Law to specifically address the serious issue of domestic violence.

With regard to child trafficking, the Independent Expert raised the case of seven children taken out of Liberia recently for adoption, in circumstances where inadequate time was allowed for proper investigation of the adoptive parents. Efforts were urgently needed to allow the review of weak adoption laws to ensure that children were effectively protected, and particularly those in unaccredited orphanages who were vulnerable targets for unscrupulous people operating for financial gain. On the incidence of rape, it was noted that deficiencies on the implementation of the Rape Law remained a serious concern. For the period of 1 September 2007 to 22 January 2008, 238 cases of rape were recorded, it was noted. The Independent Expert also drew attention to information she received on the existence of a Witchcraft Court in Grand Gedeh County in South East Liberia. She called on the authorities to investigate this matter thoroughly, and if the allegation proved to be correct, the authorities should take all appropriate measures to end this practice as it constituted a serious violation of domestic and international human rights standards.

Interactive Dialogue With Independent Expert on Liberia

MONA EL BAHTIMY (Egypt), speaking on behalf of the African Group, said that the African Group commended the Government of Liberia for the cooperation that it had extended to the Independent Expert. Considerable progress had been made in Liberia with regards to numerous aspects, including the establishment of a truth and reconciliation commission and efforts to reform its national judicial system. Nonetheless, there still existed a number of challenges, which necessitated the continued political will on behalf of the Liberian Government as well as the technical and financial support of the international community to provide development assistance. The African Group believed that these two elements were indispensable in the long-term development of Liberia and encouraged the Special Representative to continue her valuable work.

ANDREJA KORINSEK (Slovenia), speaking on behalf of the European Union, said that the access to secondary school education for girls still remained an issue in Liberia. The Government was clearly engaged with this issue as the Minister of Education had looked at opening schools for pregnant girls. What were the issues surrounding the implementation of such measures? The amendment of the rape law had also been encouraging but there was still a lack of official data on rape cases. What type of support was needed in this regard? How could the international community best support the shift away from aid and towards a focus on developing the necessary infrastructure? Also, what support was needed to ensure progress in reforming the legal and judiciary systems and ensuring improved access to formal justice?

MICHAEL S. KLECHESKI (United States) said after over a decade of prolonged civil war, Liberia was taking significant steps towards rebuilding the capacities of its democratic institutions to protect and promote the human rights and fundamental freedoms of its citizens. The United States expressed its appreciation to the Government of Liberia, which had extended its support and cooperation to the Independent Expert’s mandate and had been open to implementing Ms. Abaka’s recommendations. Though the challenges were great, given the lack of trained legal personnel that the Independent Expert had documented, Liberia was making efforts to strengthen its judicial system. The United State supported Liberia’s efforts through technical assistance to the justice sector, support for activities to expand access to justice and contributions to the Truth and Reconciliation Commission. The large and high-level attendance at the September Workshop in Monrovia to Promote and Protect Human Rights, sponsored by the United Nations Mission in Liberia and the Committee on the Independent National Commission on Human Rights, was indicative of the strong commitment of the Liberian Government and civil society to ensuring the democratic freedoms and protections of the Liberian people.

MERCY YVONNE AMOAH (Ghana) said that Ghana was pleased to observe that noticeable progress had been made since the last report of the Independent Expert. That being said, it wished to encourage the international community to continue providing technical assistance and capacity building. Furthermore, it encouraged the Liberian Government to pursue the establishment of a law reform and land reform commission.

Concluding Remarks by the Independent Expert on Liberia

CHARLOTTE ABAKA, Independent Expert on the situation of human rights in Liberia, wrapping up the discussion, thanked the European Union for their tremendous help in terms of support and capacity building. When she left Liberia, the Ministry of Education was in the process of making the facility for pregnant girls ready. This was also raising the awareness of parents about the fact that even pregnant girls should continue to go to school. Liberia needed a lot of support in this regard, especially from the United Nations Children's Fund. The drop out of girls was still very high. On gender based violence, it was not properly understood in the country. After a long war and poverty, even girls were still thinking that they were the property of the male and thus, did not think that some events were improper. This belief was even found amongst the police and the judiciary. Continuous education on domestic violence should be carried out. Many Liberians had thought that with a rape law in place, no law on domestic violence was needed. The Independent Expert noted that the infant and maternal mortality rate was the second highest in the world. Also, the independent human rights’ commissions had not been established yet. Capacity was not there. A well knowledgeable commissioner was important. There should not be a vacuum and help should be provided for the construction of this body.

Document

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.

Presentation by the Acting Chairperson of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights

WILLIAM A. SCHABAS, Acting Chairperson of the last session of the Board of Trustees of the Voluntary Fund for Technical Cooperation in the Field of Human Rights, said that the Voluntary Fund for Technical Cooperation in the Field of Human Rights had in recent years refocused its attention from the more detailed revision of individual projects to advising the Office of the High Commissioner for Human Rights (OHCHR) on policy orientation and strategy in strengthening its country engagement and rationalizing procedures of the Technical Cooperation Programme. The objectives of the twenty-sixth and twenty-seventh sessions of the Board had been to explore the challenges identified in the High Commissioner’s Plan of Action in terms of substantive cross-cutting issues as entry points for country engagement and technical cooperation programming. The Board noted that, as of January 2007, the Voluntary Fund for Technical Cooperation was being used for technical cooperation activities in country offices, for human rights advisers and for human rights components of peace missions. The estimated fund balance was $7,416,712 and it thanked the numerous contributors.

While Mr. Schabas understood that OHCHR would rather minimize earmarked contributions, some Member States preferred to channel their funds through the Fund under the oversight of an independent Board of Trustees. The Board noted that OHCHR assistance to United Nations country teams was playing an increasingly important part of the technical cooperation provided in support of national human rights protection systems. The human rights advisers attached to the offices of the Resident Coordinators were crucial in advising them on human rights policy and strategic issues, facilitating the capacity-building of country teams and national counterparts. To date, human rights advisers, six of whom were funded through the Fund, had been or were expected to be deployed within United Nations country teams in Sri Lanka, Pakistan, Ecuador, Guyana, the Maldives, Nicaragua, Rwanda, Somalia, the Southern Caucasus, Indonesia, Kyrgyzstan, Moldova, Papua New Guinea, Niger, the Philippines, Russia and the Great Lakes region of Africa.

To enable the Board to better review technical cooperation undertaken by human rights components of peace missions, Mr. Schabas stated that a mapping exercise had been initiated, to be finalized in 2008, aimed at identifying good practices on the implementation of technical assistance and capacity-building activities in the context of United Nations peace operations. He also made note of the eight United Nations country teams that were piloting the “One Programme, One Budget, One Leader and One Office” approach with the Governments of the countries concerned. The Board was pleased to note the reform efforts, seen as a long-term endeavour, in the development of an OHCHR strategy to contribute to the “One United Nations” process bringing human rights to the forefront of United Nations operations on the ground. Finally, the Board looked forward to meeting with Member States and civil society organizations at its next session, to be held in Geneva from 19 to 22 May 2008.

Right of Reply

ASADOLLAH ESHRAGH JAHROMI (Iran), speaking in a right of reply, referring to the statement by Israel, said all remembered last year’s session of the Human Rights Council in which the Special Rapporteur on the human rights situation in the Occupied Palestinian Territory had brought the attention of the Council the fact that the situation of the Palestinians in the occupied Territories indicated the prevalence of an Apartheid regime. The illegal wall currently under construction in the occupied Palestinian territory had been called by many the Apartheid Wall. Witnessing these trends, it was a matter of sorrow for all to see the representative of such a regime being permitted to attend the Council, take the floor and speak about human rights. It was a valid question to ask Israel what it meant by human rights. With regard to the statement made by the representative of Baha’i International, Iran reiterated that Baha’is, like all other citizens of Iran, were enjoying their constitutional rights. Nevertheless, four members of the said sect had been tried in competent courts on charges like corruption and forging documents. It was obvious that being a member of a sect did not bring immunity for anybody to commit a crime.

DARIUS STANIULIS (Lithuania), speaking in a right of reply, referring to the consideration of the report of the Special Rapporteur on racism, said Lithuania rejected in principle allegations, raised in the statement of one particular country, on institutionalized discrimination based on racial, national and other differences. Instead of blaming others, the situation should be improved in that country itself, in particular as indicated in the Special Rapporteur’s report of last year. Unfortunately, signs of discrimination and of xenophobia seemed to be appearing too often in that society. Concerning the rewriting of history, Lithuania considered that it had become a theme used too often in unsuitable contexts. History should not be rewritten and should not be used as a political tool either internally or internationally. History should be read and the lessons learned so as not to repeat mistakes in the future.

CLAUDIA HERNANDEZ BONA (Dominican Republic), speaking in a right of reply, took note of the statement by Haiti and regretted that it was in opposition with the Dominican Republic's position, as well as that expressed by Haiti's Foreign Minister to the Dominican authorities. The Dominican Republic had demonstrated support and solidarity for the Haitian people and was hoping to keep harmonious relations and ties and an open dialogue with its neighbours.


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