COUNCIL HOLDS GENERAL DEBATE ON PROTECTION OF ALL HUMAN RIGHTS

This morning the Human Rights Council began its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development, addressing a wide range of issues including the importance of the prohibition of torture and the abolition of the death penalty; ways to end discrimination against women and children; how to decrease maternal mortality; the need to strengthen measures against trafficking in persons; the implications of climate change on human rights; the importance of human rights education; and the need to protect cultural rights, among others. The Minister of Foreign Affairs of Algeria also addressed the Council.

Mourad Medelci, Minister of Foreign Affairs of Algeria, said Algeria's attachment to the ideals of freedom, dignity, justice and progress naturally derived from its history, which was shaped by a culture of resistance and the sense of sacrifice. The political rights of women had been improved, by increasing their access to political roles. A policy for civil concourse and national reconciliation had restored security and the age-old values of tolerance and dialogue. Beyond the adoption of constitutional and legislative arrangements, Algeria had set up internal early-warning mechanisms to monitor compliance with international standards, ensuring objective monitoring and protection and promotion of human rights. Algeria welcomed the decision of the Human Rights Council to establish a fact-finding mission following the Israeli aggression on Gaza, and hoped it would be able to fulfil its mission.

Among other topics raised under the general debate were the need for equality between men and women in the workplace; how the protection of the rights of migrants, persons of African descent and indigenous peoples remained to be achieved; freedom of expression lay at the foundation of democracy; dialogue among cultures and religions was one of the keys to ensure peace and security in the increasingly interconnected societies; and that hunger, disease and conflict impeded the enjoyment of human rights in many countries.

Speaking in the debate were delegates representing the Czech Republic on behalf of the European Union, Chile on behalf of Group of Latin American and Caribbean Countries, New Zealand, the Philippines, Cuba, Brazil, Switzerland, Pakistan, Russian Federation, Canada, France, Italy, Slovenia, Burkina Faso, Nigeria, China, Algeria, Iraq, Turkey, Maldives, Holy See, Israel, Bhutan, Denmark, Morocco, Costa Rica, the Former Yugoslav Republic of Macedonia, United States, Botswana, Singapore, Iran, African Union, and Iceland. Representatives of the World Food Programme, United Nations Food Programme, and World Bank also took the floor.

Representatives of the following non-governmental organizations also spoke: Human Rights Advocates, General Federation of Iraqi Women, Indian Council of South America, Fraternity of Notre Dame, United Nations Watch, Federation Internationale de L’Action des Chretiens pour L’Abolition de la Torture, European Bureau for Lesser Used Languages, Union of Arab Jurists, International Education Development, Friends World Committee for Consultation (Quakers), Freedom House, Al-Hakim Foundation, World Union for Progressive Judaism, Association for World Education, International Islamic Federation of Student Organizations, International Human Rights Association of American Minorities, Interfaith International, Arab Commission for Human Rights, International Fellowship of Reconciliation, Asian Forum for Human Rights and Development, Asia Pacific Forum on Women, Law, and Development, Mbororo Social and Cultural Development Association, and Cairo Institute for Human Rights Studies.


When the Council meets at 3 p.m. this afternoon, it will conclude its general debate on the promotion and protection of all human rights, civil, political, economic, social and cultural rights, including the right to development. Subsequently, the Council is scheduled to begin its consideration of the reports of the Special Rapporteurs on the situation of human rights in the Democratic People’s Republic of Korea and in Myanmar.


Statement by the Foreign Minister of Algeria

MOURAD MEDELCI, Foreign Minister of Algeria, said this session of the Council was a special moment for the whole international community, welcoming achievements in protecting and promoting human rights, removing obstacles to their realisation, and setting new targets to ensure that they were firmly anchored in domestic legislation. The sixtieth anniversary of the Universal Declaration of Human Rights had been celebrated in Algeria, with the aim of emphasising democracy and the rule of law. Respect for human rights had a high level of priority in Algeria, as shown in the constant efforts to update and expand the fundamental texts of the country. This determination to protect and promote all human rights was shown in Algeria's adoption of all major international texts, and carrying out all its reporting duties. It had also been reviewed serenely and in a spirit of total cooperation under the Universal Periodic Review.

Algeria was strongly convinced that the protection and promotion of human rights and fundamental freedoms was incumbent first and foremost on the States themselves, and was working to build a modern State, based on the rule of law and the prevalence of humanist attitudes. The Penal Code, the Nationality Code, and the Family Code had been updated, with a qualitative improvement of human rights, in particular the rights of women and children. The political rights of women had been improved, by increasing their access to political roles. A policy for civil concourse and national reconciliation had restored security and the age-old values of tolerance and dialogue. Beyond the adoption of constitutional and legislative arrangements, Algeria had set up internal early-warning mechanisms to monitor compliance with international standards, ensuring objective monitoring and protection and promotion of human rights. It had endowed itself with a National Human Rights Institution based on the Paris Principles.

Algeria's attachment to the ideals of freedom, dignity, justice and progress were naturally derived from its history, which was shaped by a culture of resistance and the sense of sacrifice. The struggles led by Algeria for its independence and for its human rights undoubtedly contributed to the universal effort to protect and promote human rights fully, independently, and indivisibly. Algeria welcomed the decision of the Human Rights Council to establish a fact-finding mission following the Israeli aggression on Gaza, and hoped it would be able to fulfil its mission. The continuing violation of human rights in the Western Sahara required the international community also take action in this area. The Durban Review Conference should, in a spirit of constructive dialogue, lead to acts to eliminate all forms of discrimination, including xenophobia and racial discrimination.

Documents

The Council has before it the note by the Secretariat containing a Summary of the panel discussion on the question of missing persons prepared by the Office of the United Nations High Commissioner for Human Rights (A/HRC/10/10), which notes that the main objective of the panel discussion, held during the ninth session of the Council, on Monday, 22 September 2008, was to raise awareness of the issue of persons reported missing in connection with armed conflicts, highlighting the human rights aspects and implications as well as to identify practical recommendations to address the issue of missing persons and best practices. The summary lists the participants and provides a digest of opening remarks, the interactive discussion and closing comments.

The Council has before it the note by the United Nations High Commissioner for Human Rights transmitting the report on the fifteenth meeting of Special Rapporteurs/Representatives, Independent Experts and Chairpersons of Working Groups of the Special Procedures of the Council, held in Geneva from 23 to 27 June 2008 (A/HRC/10/24), which summarizes exchanges of views held between mandate holders and the Deputy High Commissioner, the former President of the Human Rights Council, the Council President and members of the Council Bureau, as well as meetings with representatives of non-governmental organizations and national human rights institutions, and a joint meeting with participants of the twentieth meeting of persons chairing the human rights treaty bodies. In their meetings, discussions focused on the harmonization of working methods and the adoption of relevant procedures. Also discussed was the outcome of the review of special procedures mandates and the universal periodic review. Mandate-holders adopted their revised manual and their internal advisory procedure to review practices and working methods.

The Council has before it the note by the Secretariat on implementation of Human Rights Council resolution 7/29 of 28 March 2008 entitled “Rights of the child” (A/HRC/10/86), which notes that there have not been any new ratifications of the Convention on the Rights of the Child since the last report. As at 15 December 2008, there were 125 States parties to the Optional Protocol on the Involvement of Children in Armed Conflict and 129 States parties to the Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography.

General Debate on Promotion and Protection of All Human Rights

TOMAS HUSAK (Czech Republic), speaking on behalf of the European Union, said discrimination based on religion or belief did not only violate the right to religion or belief, but could also seriously affect the enjoyment of economic, social and cultural rights. The prohibition of torture belonged to those human rights which could not be derogated from under any circumstances. Governments could not fulfil their human rights obligations where there was a lack of good governance, where the rule of law was disregarded, and in the absence of independent and fair elections. Extreme poverty was another affront to human dignity and the obligation to eradicate poverty should not be forgotten. The Council should pay special attention to the enjoyment of human rights by women - without the empowerment and full participation of women in the life of society, progress and development of countries would necessarily stumble. On no account could an individual's sexual orientation and gender identity be justification for limiting his or her enjoyment of their human rights. The abolition of the death penalty contributed to the enhancement of human dignity and to the progressive development of human rights.

RODRIGO DONOSO (Chile), speaking on behalf of the Group of Latin American and Caribbean Countries, said regarding discrimination against women and children that thanks to the Beijing Declaration States had committed to including measures against such discrimination in their domestic legislation. Development of international law and international human rights had allowed progress in that direction. But a lot remained to be done, inter alia, to achieve equality between men and women in the workplace or the protection of the rights of migrant men and migrant women, persons of African descent and indigenous peoples. It was necessary to promote initiative and measures to promote equality. The Group of Latin American and Caribbean Countries was aware that the deadline was approaching to fulfilling the Millennium Development Goals and that maternal mortality continued without declining. The Group of Latin American and Caribbean Countries suggested that the Human Rights Council should strengthen its efforts in this regard. The efforts of the Human Rights Council could be added to those of ECOSOC. Concerning terrorism, The Group of Latin American and Caribbean Countries was committed to promote the Universal Declaration of Human Rights in all places and in all circumstances. With regard of the economic and financial crisis, the Human Rights Council had recognized the need to bear in mind the human rights perspective. The Group of Latin American and Caribbean Countries emphasized that promoting human rights must illuminate the path of economic recovery.

DON MACKAY (New Zealand), speaking on behalf of 82 countries, said they expressed concern at the unacceptably high number of women who died every year during or after pregnancy and childbirth, or from reasons associated with childbirth. The panel event on maternal mortality in the Human Rights Council’s June 2008 session clearly highlighted that there were human rights implications to be taken into account in addressing maternal mortality. It was estimated that more than 500,000 women died each year as a result of pregnancy or childbirth. Most of those deaths were preventable. The failure to prevent them was an impediment to the universal realisation of human rights and could constitute a violation of human rights, including women’s right to health, life, education, dignity, access to information and appropriate healthcare. This was not an issue that affected only one region or one culture, stressed New Zealand. Maternal mortality and morbidity affected women and their families in all countries, in all regions, but it was exacerbated by factors such as poverty and multiple forms of discrimination.

In the Convention on the Elimination of All Forms of Discrimination against Women and the International Covenant on Economic, Social and Cultural Rights, as well as in the Beijing Declaration and Platform for Action and the International Conference on Population and Development, the international community had committed to ensuring that women had access to appropriate health services and special protection before, during and after pregnancy and childbirth. In the Millennium Development Goal 5 there was also a commitment to reduce the maternal mortality ratio by three quarters between 1990-2015. Despite those commitments, many challenges remained in the realisation of women’s access to appropriate services and special protection before, during and after pregnancy and childbirth. Globally, the maternal mortality rate had decreased by less than 1 per cent between 1990-2005, which was far below the 5.5 per cent annual improvement needed to reach the target, and in some cases there had been no discernible reduction.

ERLINDA F. BASILIO (Philippines) said with regards to the report of the Office of the High Commissioner for Human Rights on recent developments in the United Nations system on combating trafficking in persons and activities of the Office in this regard, the report was useful to gain an overview of all the various initiatives and fora that pertained to human trafficking. The activities of the Human Rights Council and the Office on highlighting a human rights-based approach to combating trafficking in persons could complement activities being pursued in other arenas, and thus strengthen global efforts to combat trafficking. There should be greater cooperation on the human rights aspects of trafficking among States, the Office, and all relevant stakeholders. The Recommended Principles and Guidelines on Human Rights and Human Trafficking developed by the Office were a useful tool, and the Office should continue to promote them and build on their work on trafficking in persons.

RAFAEL GARCIA (Cuba) said that the promotion and protection of cultural rights was of a vital importance today. Pseudo-cultural domination carried out by the entertainment industry posed a serious threat and had almost led to the elimination of cultural diversity. Cultural rights constituted a main source of cultural identity. Cuba was attaching particular importance to promoting and protecting human rights and their indivisibility, universality and interdependence. Cuba appreciated the efforts of other United Nations agencies, such as UNESCO, in the protection of cultural rights. However, an Independent Expert mechanism should be set out to ensure a human rights perspective in this field.

JOAO ERNESTO CHRISTO (Brazil) said democracy, development and respect for human rights and fundamental freedoms were interdependent and mutually reinforcing. A person could not live without access to food, to water, to adequate housing and to basic services such as education and health. Someone who suffered from hunger or any disease could not participate in the political process. Poverty and unemployment prevented individuals from fully enjoying human rights by simply excluding them from society. If any human right was related to the duty of States to promote and protect it both domestically and internationally, how could one think of an individual enjoying human rights by being excluded from the assistance of that very same State, asked Brazil? On the other hand, civil and political rights were the proper basis for the full development of the human being in society. Fundamental freedoms and social progress were closely linked. All restraints to those freedoms – such as torture, enforced disappearance, rape, censorship, racism and all forms of discrimination, among other human rights violations – thus equally harmed the full enjoyment of human rights.

ALEXANDRA RUPPEN (Switzerland) welcomed the report of the Office of the High Commissioner for Human Rights on the links between climate change and human rights. This report brought a more concrete understanding of the implications that the phenomena that were linked to climate change could have on the enjoyment of human rights and showed the need for the Council to examine this issue. The report should find a wider audience - human rights should be taken into account in reduction strategies of greenhouse gases, in particular with regards to ensuring that the most vulnerable were not affected by these strategies, and were included during their elaboration and implementation. Climate change was one factor among many others which led to environmental phenomena which could affect the enjoyment of human rights. With regards to the rights of indigenous peoples, the High Commissioner recommended that there be a single meeting of the Council to be dedicated to all reports on indigenous issues, as this would simplify their consideration.

ZAMIR AKRAM (Pakistan) said concerning the right to self-determination that the overriding importance of this right had been well established by core instruments including the Charter of the United Nations and the two International Covenants on Civil and Political Rights and Economic, Social and Cultural Rights. It was, therefore, rightly regarded as the peremptory norm of in law. The International Covenant on Civil and Political Rights imposed specific obligations on State parties, not only in relation to their own peoples but vis-avis all peoples which had not been able to exercise or had been deprived of the possibility of exercising their right to self-determination. International human rights fora had reaffirmed the validity and significance of this right by virtue of which all peoples freely determined their political status and freely pursued their economic, social and cultural development. The free exercise of this right had been denied, so far, to the peoples of Palestine and occupied Jammu and Kashmir.

VLADIMIR ZHLEGOV (Russian Federation) said that last year the Council celebrated the sixtieth anniversary of the Universal Declaration of Human Rights. The anniversary was a reminder to the international community not to repeat the many violations of human rights committed during World War II. It was also important to remember and not to forget the shameful acts of vandalism at State memorials of those who fought against Nazis and for human rights. The Russian Federation said it was necessary to focus efforts of one and of all to strengthening cooperation in the context of the Vienna Declaration and Programme of Action. In addition there was a need to ensure that the Human Rights Council would remain a leading forum for dialogue among States and civil society. As had been experienced and seen with its predecessor the Human Rights Commission, it was easy for a negative atmosphere to be created. In this vein, the Russian Federation said that the Universal Periodic Review should continue to be used as an effective mechanism, based on principles of universality, non-selectiveness and openness between relevant actors. The Russian Federation underscored, that in the area of human rights, it was with cooperation among all relevant parties, with the guidance of the United Nations Charter and international law, that Member States could begin to address violations of human rights.

JEFFREY HEATON (Canada) said the United Nations Framework Convention on Climate Change was the most appropriate forum in which to address issues related to climate change. Situations could occur in which environmental degradation, amplified by climate change, could set conditions that impacted on the effective enjoyment of human rights. Canada strongly supported protection and promotion of human rights in all circumstances and encouraged all countries to adopt such an approach. In Canada, full legal protection of human rights was extended to people under its jurisdiction. It was the primary responsibility of States to protect and promote the human rights of individuals under their respective jurisdictions, supported by an international enabling environment. Canada was concerned with assertions in the report by the Office regarding possible linkages between climate change and human rights obligations, in the absence of consensus on these issues by States. Any determination of the relationship between climate change and human rights should be a result of careful negotiations and, ultimately, consensus between States. Making disaster risk reduction and emergency preparedness a priority for the protection of vulnerable communities was critical regardless of the impact of climate change.

JEAN-BAPTISTE MATTEI (France) said that the promotion and protection of human rights was a permanent challenge for all States of the international community. Although all human rights were universal, indivisible and interdependent they continued to be constantly violated. Those violations had to be punished by States. France attached special attention to the respect of the freedom of expression, which lay at the foundation of democracy. The responsibility of each individual in carrying out this right should not lead in any case to censure or to limit the scope of the obligations stemming from the International Covenant on Civil and Political Rights. The freedom and independence of the media had to be preserved. In addition, the freedom of religion, which included the right to believe or not to believe, the freedom to change religion and the freedom to criticize, was not to be dissociated from the freedom of expression or opinion. Further, France attached importance to the protection of the rights of women given the discrimination and violence they often were the victims of. France suggested that the Special Procedures of the Human Rights Council should be completed by a mechanism that specifically focused on the fight against discriminatory legislation and practice regarding women.

ROBERTO VELLANO (Italy) said Italy firmly believed that dialogue among cultures and religions was one of the keys to ensure peace and security in the increasingly interconnected societies. In this respect, Italy was extremely concerned about the continuous reports of manifestations of intolerance and discrimination based on religion or belief. Italy called on States to ensure the full protection of the right to freedom of thought, conscience and religion, as recognized by the Universal Declaration of Human Rights. The Italian Parliament had recently unanimously requested the Government to mainstream the protection of religious freedom in all its human rights and foreign policies. Italy was committed towards the universal abolition of the death penalty. The adoption of two subsequent resolutions on a moratorium on capital punishment by the UN General Assembly proved to be a successful development thanks to a wide cross-regional alliance. This reflected the growing trend towards the abolition of the death penalty.

ANDREJ LOGAR (Slovenia) said Slovenia wished to highlight two issues: human rights learning, and the protection of women's rights. Alongside the issues of the rights of the child, the rights of persons with disabilities, human rights in fighting terrorism, freedom of expression, and freedom of religion or belief, and alongside Slovenia's strong support for renewal of the country-specific mandates, these two issues were of particular importance at this session. The year 2009 was the International Year of Human Rights Learning - human rights education was a key to successful protection and promotion of human rights and an essential element in combating different forms of racism and discrimination. Human rights education and learning should not be limited to children, although they should have special attention. The second issue was the protection and promotion of women's rights and the problem of discriminatory laws against women that persisted in all regions of the world. Slovenia supported the establishment of a new mechanism on laws that discriminated against women, to complement the work of existing United Nations bodies.

MARC SOMDA (Burkina Faso) said that the issue of maternal and infant mortality was of great concern to the Government of Burkina Faso which had included the fight against maternal mortality in its national public health policy. The State, communities, technical and financial partners had devised a national plan in this regard. In the framework of this policy, a plan for the reduction of maternal and infant death for the period of 2006 to 2010 was included. To achieve this goal, the biggest impediment was the expense for child delivery, Burkina Faso had decided to implement measures such as prenatal consultations free of charge; financial aid for obstetric care from a Government fund; and subsidization of complications related to the delivery for 80 per cent of the costs. These measures had already led to a positive impact on the reproductive health in Burkina Faso and a slight decline in maternal mortality.

IFEANYI NWOSU (Nigeria) recalled that the United Nations in December of last year celebrated the sixtieth anniversary of the Universal Declaration of Human Rights, which reaffirmed the universality and indivisibility of all human rights for all. Since the inception of the Declaration, there had been indeed remarkable advances in democracy and the rule of law all over the world. However, the Human Rights Council and the Office of the High Commissioner for Human Rights had a responsibility to continue to address human rights violations that remained today. One violation that greatly affected people around the world was hunger and poverty, which affected millions worldwide. In this regard the international community could no longer deny those millions their rights any longer, especially their right to adequate food. With regard to the promotion and protection of all human rights, the rights of women and children and gender equality, among others, remained to be attained. Nigeria remained committed to the ideals of the Charter in practice and belief.

YAN JIRARONG (China) said the Human Rights Council had held interactive dialogues on many thematic procedures under this agenda item on the promotion and protection of all human rights. China in general appreciated these dialogues and was of the opinion that they were very useful. The Council, three years after its establishment, was on the right track and had achieved preliminary results. Hunger, disease and conflict impeded the enjoyment of human rights in many countries. The food crisis, the oil crisis and climate change constituted new challenges to the protection and promotion of human rights. The thematic procedures should study these new topics in the context of the situation, and should, in this, strictly respect their mandates and the Code of Conduct, and put forward constructive and peaceable solutions. A number of Procedures had overlapping areas of research. The Experts should deal with the expansion of their research area cautiously. In the negative economic situation, the protection and promotion of human rights and the right to development was a difficult situation for the whole world, in particular the Council.

SELMA MALIKA HENDEL (Algeria) said that human rights were interdependent. But impeding the right to self-determination meant that all other rights were denied. The right of people to self-determination was on the agenda of the international community and remained denied to certain peoples although it was enshrined in the Charter of the United Nations. Algeria emphasized that the right to self-determination should be included in the programme of work of the Council. Lots of lives could have been saved if this fundamental right had been respected. Algeria called on the Council to give attention to the violation of the right to self-determination caused by aggression, intervention and military occupation by foreign forces. Algeria appealed to the Council to specifically work to ensure the enjoyment of this right which was the cornerstone on which all other rights were built.

FARIS AL-ANI (Iraq) at the outset welcomed the report of the Special Representative of the Secretary-General for his report on internally displaced persons. The Government of Iraq attached great importance to the issue of internally displaced persons as many Iraqis faced this challenge, and because it was directly linked to terrorist attacks facing the country, and the entire world. By providing the necessary conditions, the Government was able to assist many internally displaced persons to return to safe areas in Iraqi-Kurdistan region. The Government provided both moral and material support to all returnees, which greatly assisted their transition. Moreover, thousands of families were able to return to their region of origin as a result of the support provided by the Government of Iraq. The Government was committed to continue its efforts to achieve reconciliation, and was working on closing the file on internally displaced persons forever this year.

CHARLES VINCENT, of the World Food Programme (WFP)), said WFP's mandate and activities aimed towards helping vulnerable and food insecure people improve their nutrition and achieve food security. Its approach was needs-based coupled with a human rights lens. In addition to the humanitarian response, it could support the design and implementation of food security and social policies. The negative aspects of food aid had been significantly decreased over the last twenty years, due to several factors, including the changing role of food aid, needs assessment, the role of women, and the partnership with many stakeholders. Safety nets, and food safety nets in particular, could and should be put in place to counter the effects of hunger augmented by the food price crisis, the financial and economic crisis, and the onset of climate change. WFP would continue to expand its efforts to work with national Governments to map vulnerabilities, and fully supported the need to increase investment in the agriculture sector as a way to increase productivity and production, and hence reduce the need for externally-provided food assistance.

ASLIGUL UGDUL (Turkey) said that the High Commissioner for Human Rights had expressed that the current economic and financial crisis, coupled with the effect of unaffordable food and fuel, undermined children’s survival, access to housing, health and education. With this crisis affecting the international community, children might become more vulnerable to exploitation and trafficking. Turkey called on all special mechanisms to put forward their contributions in addressing this cross-cutting issue. Turkey also believed that the Council needed to continue, even more comprehensively, to elaborate on the rights of the child within the Universal Periodic Review process. One idea raised during the panel highlighted time bound recommendations. Turkey also supported the involvement of the private sector both in raising awareness to children’s rights as well as their better implementation worldwide.

SHAZRA ABDUL SATTAR (Maldives) said with regard to the report on the relationship between human rights and climate change, the report was rather conservative in its conclusions. It was nevertheless highly significant in that it provided definitive recognition that climate change had important negative implications for a wide-range of internationally-protected human rights. Moreover, the report demonstrated that the impacts of global warming fell heaviest on the rights of those people who were already vulnerable due to geography, poverty, age, or gender factors. The Maldives observed that today States, especially industrialized States, continued to emit greenhouse gases knowing that the ultimate consequence of their actions was to undermine the human rights of millions of people around the world, especially those living in vulnerable countries. The report also pointed towards the need for a new debate on the implications of and necessary responses to the established relationship between climate change and human rights.

SILVANO TOMASI, of the Holy See, said in many parts of the world, religious minorities, including Christian minorities, still faced daily discrimination and prejudices. States should take all necessary measures, educational, legal and judicial, intended to guarantee the respect of the right to freedom of religion and to protect religious minorities from discrimination. A number of States that were previously committed to a balanced and healthy relationship between Church and State were now increasingly siding with a new secularist policy that aimed at reducing the role of religion in public life. These States should be inclusive and recognise the important role religions could play in society - they, in fact, contributed to the promotion of moral and social values. Though the question concerning limitations to the Right to Freedom of Expression with a view to respecting the religious feelings of persons was a legitimate one, the Holy See did not think that another international instrument was the right answer. The implementation of the universal principle of freedom of religion was the best protection - each State should look into its own national legislation and consider how it could encourage a frank and respectful discussion between members of the same religion, representatives of different religions, and persons who had no religious belief.

HELENA BORUKHOVICH (Israel) said that Israel was affected by climate change. There was a severe decrease in the water supply and desertification. The rise in the sea level would lead to the increased erosion of its highly populated Mediterranean coastal line. The Dead Sea’s level was declining and it was slowly drying out. More organizations had begun addressing the human face of climate change. Israel, therefore, supported the proposal to organize a panel discussion on this issue in the next session of the Council. Israel suggested adding the elderly population to the vulnerable groups in the report. Israel also recommended addressing the need to track climate events through international cooperation in early warning systems. The role of the World Meteorological Organization in providing coordinated information was central. Israel was proud to be among the first to respond and offer its hand in assistance to any country suffering from natural disasters. Nevertheless, there was a need for a better coordinated international mechanism for disaster response and risk reduction.

VINCENT FAUVEAU, of the United Nations Population Fund, congratulated New Zealand’s statement on behalf of 82 countries on maternal mortality, as the United Nations Population Fund held this issue in high priority. With regard to women and the right to food, the United Nations Population Fund said that women often lacked the necessary or proper assets to ensure their right to food. In addition, women were the primary caregivers, and were often the ones purchasing and preparing food, which further placed them in vulnerable situations. Women and girls often satisfied less of their food needs than those of men. Women often spent their income on food, which left them more vulnerable, especially in times like today where the global economic crisis had affected them greatly in this regard. Due to those factors, among other things, there was an inter-generational effect on women and their access to adequate food, nutrition, health and education services. Policies needed to be tailored to ensure safety nets for women and girls in this regard. Education and health were vital, particularly reproductive health, including family planning services. The United Nations Population Fund provided support to many women in the prevention of HIV/AIDS, especially in Sub-Sahara Africa, where HIV/AIDS was undermining food production. Strengthening social protection and economic security was essential to address the needs of women around the world, stressed the United Nations Population Fund.

DOMA TSHERING (Bhutan) said that international discourse on climate change had for the most part focused on scientific, environmental and economic and financial crisis aspects of its causes and consequences. Bhutan welcomed this opportunity to broaden discussions on this important issue. The report of the Office of the High Commissioner for Human Rights on Human Rights and Climate Change was timely and imperative for the Council to pronounce itself on the human and social dimensions of the impact of climate change. Greater recognition at both the national and international levels should be accorded to the human rights imperilled as a result of the real and immediate threats posed by global warming to people across the world. Environmental protection and promotion were cornerstones of Bhutan's development policy. But despite its strong commitment to securing an intact natural environment, and the tangible even disproportionate contributions to international mitigation efforts, Bhutan was not spared the adverse effects of global climate change. Response to the dangers and threats of climate change was the shared responsibility of the international community - it was not a matter of charity, but one of social justice, and should be based on the principle of equity, and guided by common and differentiated responsibilities.

ARNOLD DE FINE SKIBSTED (Denmark) said that the promotion and protection of all human rights might be the noblest of human endeavours, but despite the lofty proclamations of the Universal Declaration of Human Rights and the more tangible legal obligations undertaken in the vast body of international human rights law, the rights of men, women and children continued to be violated all over the world. Torture was perhaps the most atrocious human rights violations. Fortunately torture had a touch of unreality in the perception of many people. But to many others torture was a reality. Denmark drew the Council’s attention to the fact that medical skills developed for healing could be seriously perverted. Medical personnel involved in interrogation often believed that serving in this role they did not act as medical personnel and therefore they were not bound by patient-oriented ethics. Nothing could be more wrong. The Hippocratic Oath always applied, even in double loyalty situations.

PATRICK REICHENMILLER, of the World Bank, thanked the Council for the opportunity to participate in the session. The World Bank also noted with appreciation the efforts of the Office of the High Commissioner for Human Rights to advance an understanding of the links between climate change and human rights. Climate change had a direct bearing on development. Its impact was most severely felt in developing countries. Moreover, within developing countries, those impacts had a disproportionate effect on those who were already poor, often having a disparate impact on vulnerable groups including indigenous peoples, persons with disabilities, the very young, the elderly and women. Thorough its Strategic Framework for Development and Climate Change, the World Bank said it set climate change as one of its core priorities. The World Bank aimed to support climate actions in country-led development processes, mobilize additional concessional and innovative finance, facilitate the development of market-based financing mechanisms, and leverage private sector resources.

OMAR HILALE (Morocco) said civil and political rights and economic, social and cultural rights were particularly important, and were the cornerstone of Morocco's plan for a modern, democratic society. However, thousands of its citizens had been sequestrated in the Tinduf area, denied their human rights and fundamental freedoms. The Tinduf had become the picture of the very denial of human rights. Algeria should ensure respect for human rights in the Tinduf camps, and the Algerian Foreign Minister should have said so. All those in the camps were denied their elementary rights, including the right to self-determination, the right to freedom of movement, and even the right to freedom of hope. Human Rights Watch had reported that the Government of the host country, which was responsible for the human rights of all persons in its territory, according to international law, had abandoned the human rights of the population of the camps. The Government of Algeria was committing a grave mistake by allowing human rights violations to be perpetrated and perpetuated.

LAURA THOMPSON CHACON (Costa Rica) thanked the Office of the High Commissioner for Human Rights for its report on the link between climate change and human rights and the work that the Office carried out in collaboration with other international organizations and intergovernmental organs which were relevant to this question. Costa Rica was convinced that the respect for human rights was essential for a sustainable development and the achievement of the Millennium Development Goals which gave central importance to environmental policies, which took into account how environmental policies could affect society, and in particular especially vulnerable groups. International cooperation should continue in contributing to the capacities and strengthening activities in the field of climate change in favour of developing countries.

GEORGI AVRAMCHEV, of the Former Yugoslav Republic of Macedonia, said the right to good governance, the right to gender identity, and the rights of minorities, among others, were based on the principles of non-discrimination. Human rights were indivisible and relied on States to protect and promote them. The report of the Independent Expert, Ms. McDougal, on minority issues was welcomed. The fact finding mission on Greece coincided with the findings of a number of other reports such as the report by the Commission of Europe on Greece, all of which relied on a non-biased basis. His country urged Greece to live up to its international obligations and to ensure the right to self identification, and the right to freedom of association for its people.

MARK CASSAYRE (United States) said the issue of equal access to education for minorities was important as pervasive gaps in education availability and quality could have profound effects on the full achievement of individual and societal potential. Initiatives such as the Forum on Minorities' study of minority access to education and the UNDP Resource Guide were examples of concrete, positive international efforts to identify and address challenges, and it was through such substantive and practical initiatives that change on the ground would happen. Concrete progress and change on the ground was also the goal of the Special Rapporteur on trafficking in persons. It remained important to continue addressing the situation of women and girls, indeed of all trafficking victims, for purposes of commercial sexual exploitation. The Special Rapporteur should look at the factors that were contributing to the apparent trend of female victims becoming traffickers. The Special Rapporteur should encourage Governments to fully implement existing legal instruments. International efforts were weakest when it came to prosecution of the traffickers and assistance to the victims.

Mr. O. RHEE (Botswana) said that Botswana reaffirmed its commitment to the protection and promotion of all human rights. The vision that underpinned the universal promotion and protection of all human rights was the universality, interdependence and indivisibility of all human rights. Botswana did not seek to place preconditions to the enjoyment of all human rights. During the inter-active dialogue with the Special Rapporteur on torture, as had been stated by other delegations earlier, it became clear that the Special Rapporteur had been unduly extending the mandate by motivating studies on subjects only intended to meet the parochial interest of certain delegations. Botswana believed that it was the duty of the Council to monitor such failure to meet the mandate. Such violations of treaty law provisions would be detrimental to human rights law as well.

TAN YORK CHOR (Singapore) said that the Special Rapporteur on torture, Professor Nowak, had used a question posed in New York by France, then at the European Union’s presidency, as a premise to justify his proposal for a study on capital punishment. During the interactive dialogue with Prof. Novak, Singapore had pointed out the hollowness of his premise. Many others raised valid questions about his proposal. Professor Novak himself conceded in his own statement on 10 March that “the jurisprudence of international human rights bodies had never arrived at the conclusion that capital punishment per se violated the prohibition of cruel, inhuman, and degrading punishment”. Despite this, he persisted in pushing his concept and for a study to be done. This raised serious questions as to what he was up to and to whose counsel he was listening.

MOHAMMAD REZA GHAEBI (Iran) said the protection and promotion of human rights was a never-ending process. Each and every country was faced with unique and common challenges on their way to human rights development. It was true that some human rights and fundamental freedoms had been promoted, but it was equally true that many were being violated, and many freedoms were being breached. Many rights were being closely protected, but many still lacked protection. The principle of inter-relatedness of all economic, social, cultural, civil and political rights had the key role in establishing an effective structure for the promotion of human rights. Countries should be allowed, encouraged and welcomed to take effective measures to protect and promote all human rights, taking into account their own national conditions, while also respecting the universal principle of human rights. The international community should deepen understanding and communication so as to make exchanges and cooperation in the human rights field a positive factor. In some parts of the world, there was the erosion of human rights under counter-terrorism measures, and legislation that was inconsistent with States' obligations under international human rights instruments, and some countries justified their serious abuses of human rights by emergency and counter-terrorism measures to combat terrorism.

KHADIDJA AL MASRI, of the African Union, said that the skyrocketing of food prices that the world was witnessing right now was contributing to the suffering of many families and increasing the number of persons suffering from hunger. The regulation by market had shown its limits, affecting the ability to fulfill provisions of international human rights instruments to ensure that the rights of each person to housing, food and a minimum of clear water could be realized. In time like these, there was a duty of international solidarity. An approach based on solidarity should only be motivated by the promotion and protection of human rights. The principle of the responsibility of States remained the cornerstone of the protection and promotion of all human rights.

INGINBJORG DAVIDSOUTTIR (Iceland) said non-discrimination and equality constituted the basic pillars of international human rights law. Iceland reaffirmed the principle of non-discrimination and equality which required that human rights applied equally to every human being. Combating discrimination in all its aspects should be a priority for the international community, along with the promotion of tolerance and mutual respect. Discrimination of any kind could not be tolerated. Religious freedom must be respected; Iceland would continue to defend the freedom of expression, association, opinion – including freedom of the media. The promotion and protection of women’s human rights and gender equality was a core issue of foreign policy of the Government of Iceland. Iceland was deeply concerned about the reports of discrimination and violation of human rights and fundamental freedoms based on sexual orientation or gender identity and deplored that in a number of States around the world it remained illegal to enter into same sex relationships.

ALEXANDER TUZIN, of Human Rights Advocates, said Ghana's election this year was essentially fair and non-violent, and a number of good practices could be noted. In contrast, the Election Commission in the recent Kenyan election obstructed observers and allegedly manipulated the vote count, leading to an eruption of violence and widespread human rights abuses. Saudi Arabia failed to meet its obligations under the Convention on Women by denying women the vote in its 2005 elections. In the United States, electronic voting posed threats to fair elections. The Council should appoint a Special Rapporteur to investigate these and other aspects of the right to vote, including in the mandate a study of election-related norms, to define meaningful parameters for commitments, principles and best practices.

MALAK HAMDAN, of General Arab Women Federation, said while discussing aspects of the promotion and protection of human rights, the people of Iraq had been and were still suffering from severe and systematic violations to all their basic rights since the invasion of 2003. The plight of Iraqi women was a catastrophic example of this situation. 600 members of the General Federation of Iraqi Women had been assassinated, 350 of them were doctorate holders. Even within the current authorities the Minister of Women’s Affairs, Nawal al-Samarrai, said in January 2009, women prisoners were routinely beaten, abused and in some cases raped in the custody of United States and Iraqi officials.

RONALD BARNES, of Indian Council of South America, said the independence of a particular member of the Committee on the Elimination of Racial Discrimination was questioned, and should be examined. Was the Council capable of addressing the violations of the right to self-determination after having been mandated by the General Assembly specifically in a resolution? With regards to the rights of the child, the Committee on the Rights of the Child was thanked for its General Comment which stated that the implementation of the right to education of indigenous children was an essential means of achieving individual empowerment and self-determination of indigenous peoples.

SABINE LEGRAND, of Fraternité Notre Dame, said peace and comprehension should prevail among all peoples, and persecutions should come to an end, be they religious, political or radical.

HILLEL NEUER, of United Nations Watch, said regarding the right to life that this morning, there had been a suicide attack in Afghanistan, which reminded the international community that the right to life was violated by terrorists worldwide. It was the Council’s duty to monitor the right to life, but when more than 100 people were killed in Mumbai last year, why did the Council fail to call for a special session? Regarding Darfur, United Nations Watch asked why the weak had to pay the price and how a country could expel international humanitarian organization that wanted to alleviate the suffering of the Darfurians?

Ms. JEANIN, of International Federation of ACAT (Action By Christians for the Abolition of Torture), said they considered that the death penalty should be abolished. The Federation welcomed the report of the Special Rapporteur on torture, and in particular welcomed the link between the prohibition of cruel, inhuman and degrading treatment, with that of the death penalty. Concerning the death penalty, the Federation urged that an exhaustive legal study between the abolition of the death penalty and all forms of torture, cruel, inhuman and degrading treatment be carried out.

VERENA GRAF, of European Bureau for Lesser Used Languages, said with regards to language rights, each person and people had the right to speak their own language, and the Council should take a position on language rights by coming up with a Declaration, or ask the Consultative Committee to consider the issue. This issue was urgent, to solve the many serious conflicts where language was used as a pretext. Language rights were cultural rights, but they were human rights in the broadest and most fundamental term, as they were a distinct entity. The road was still a long way for this to be rooted in United Nations doctrine and be reflected in the lives of peoples.

ELIAS KHOURY, of Union of Arab Jurists, said that the implementation of economic, social and cultural rights aimed at peace on an international and national level. But what they saw now in the Horn of Africa or in Iraq was the opposite, rights of food, education and housing were severely violated. The Union of Arab Jurists emphasized that those who caused the destruction had to bear the full cost of reconstruction. Lately, the international community had witnessed the effects of speculation in financial markets which had heavily disturbed the demand and supply balance. It underlined that human rights, development and peace were connected and the world could not attain one without the other. The Union of Arab Jurists hoped that the Council took note of this.

MALAK HAMDAN, of General Federation of Iraqi Women, believed that the promotion and protection of human rights in any society was a necessity. According to a number of reports by United Nations bodies and NGOs, the situation of the children in Iraq was worse now than it was during the sanctions, which took the lives of half a million children. For the first time ever Iraq had seen an explosion in the number of children detained, child prostitution and the sale of children. The total collapse of Iraq’s health service and education system had had catastrophic affects on the lives of Iraqi children.

KAREN PARKER, of International Educational Development, said the decision of the High Commissioner to investigate, from the perspective of genocide, the decision of the Government of Sudan to expel humanitarian aid organizations from the Darfur region was applauded. This situation was directly related to the mandates of the Special Rapporteurs on the right to food and on health. The investigation should also address Sri Lanka, where the Government had expelled all international humanitarian aid providers from the war zone. Severe restrictions on food and medical care was an element in the crime of extermination under the Rome Statute and Elements of the International Criminal Court. Public statements could be of great value in preventing genocide, as many countries would not otherwise respond. The Council should hold a special session on all the genocide red alert situations.

RACHEL BRETT, of Friends World Committee for Consultation (Quakers), in a joint statement with Conscience and Peace Tax International, said that they welcomed the attention given to conscientious objection to military service by the Special Rapporteur on freedom of religion or belief and the Working Group on arbitrary detention. In too many countries, conscientious objectors were still subject to criminal prosecution, and even to repeated punishment for their continued refusal to undertake military service on the same conscientious grounds. The Working Group on arbitrary detention not only considered repeated imprisonment of conscientious objectors as arbitrary detention, but also the initial imprisonment since conscientious objectors were seeking to exercise a right which the Human Rights Committee had identified being protected by the International Covenant on Civil and Political Rights.

The Representative of the Permanent Assembly for Human Rights, speaking on behalf of more 40 organizations, said they expressed concern at the small number of ratifications of the International Convention for the Protection of All Persons from Enforced Disappearance. The Convention had only been ratified by 10 States, and required 10 more for its entry into force. One key element of the Convention was that it provided that enforced disappearances was a crime against humanity. The Convention also endorsed the right of the child who was an enforced disappearance victim to retrieve his or her identity. It was an indispensable tool to combat enforced disappearances around the world. The Permanent Assembly called upon all States to ratify the Convention.

SAHIB AL-HAKIM, of Al-Hakim Foundation, said violence continued unabated against women, and this was one of the most systematic and brutal crimes in the world, and voices should be raised against it across the world. One in five women was a victim of violence and sexual harassment, and the religions of the world should help to put an end to this violence which did not stop. Because of Islamophobia, all eyes were focused on Islamic societies because of beliefs that they perpetrated more violence against women - but it was the lack of education that was the cause of this, it was not the fault of Islam. The Prophet Mohamed said that women should be well-treated, and the good Muslim looked after his women, even if relations broke down. Islamic leaders should take up their responsibilities for promoting women's progress.

DAVID CORNUT, of World Union for Progressive Judaism, in a joint statement with Association for World Education; and International Humanist and Ethical Union, Association For World Education, International Humanist and Ethical Union, said that the Council could no longer afford to remain silent in the face of possible genocide in Darfur. The part played by the media in creating the genocidal atmosphere in both Nazi Germany and in Rwanda was now well understood. In this connection, they drew the attention of the Council to two broadcasts made recently on an Egyptian TV channel. Those broadcast were in clear breach of the limits to freedom of expression. They were precisely the kind of incitement to hatred that had in the past led to genocide, and could do so again. The Union called on the Council to condemn this and all similar incitement to genocide, without equivocation, and to take steps to ban all such incitement from their media.

ROY BROWN, of Association for World Education, in a joint statement with International Humanist and Ethical Union, said on 6 October, a Geneva seminar was held on the theme: “Political will at the centre of achieving Zero Tolerance to Female Genital Mutilation”, and wished to warmly congratulate the veteran NGO colleague, Mrs. Behane Ras-Work, for her tireless efforts to speak out since the 1980s on what was still considered by many a taboo subject. The report of the Inter-African Committee was factual and well-worth reading, containing a wealth of detail. In Guinea, for example, clitoridectomy was the commonly practised form of Female Genital Mutilation, affecting 96 per cent of Muslin girls, 86 per cent of Christians and 99 per cent of animists.

SYED FAIZ NAQSHBANDI, of International Islamic Federation of Student Organizations, said the right to self-determination was the most fundamental part of human rights law - economic, social and cultural rights and civil and political rights rested on the right to self-determination. This was a fundamental underlying part of the United Nations Charter, and was applicable to all people whose rights had been suppressed. Exercise of this right allowed the realisation of economic, social and cultural rights and civil and political rights. A large part of the present membership of the United Nations was a beneficiary of this right, but there remained many areas where people were denied this right, such as Kashmir and other areas under occupation, where occupation had resulted in mass human rights violations. The Kashmiri people had been denied their right to self-determination, and they demanded this right by all peaceful and rightful means.

SARDAR AMJAD YOUSAF HHAN, of International Human Rights Association of American Minorities, said that the Working Group on enforced and involuntary disappearances had highlighted the continuing phenomenon of disappearances in India, and mentioned specifically the discovery of 940 graves in 18 villages in the Uri District alone in Indian held Kashmir, believed to contain evidence of enforced disappearances, unlawful killings, torture and other abuses. They shared the frustration of the Working Group that no investigation had been undertaken by the Indian Government and this must be of grave concern to both the Working Group and the Human Rights Council as a whole. The fact that the Indian Government had not even responded to any of the allegations communicated to it by the Working Group was a situation that needed to be rectified. According to the report 362 cases remained outstanding.

SHAUKAT ALI, of Interfaith International, said while discussing different aspects of civil, political, economic, social and cultural rights, attention of the Council had been drawn to emerging challenges for meaningful exercise of those rights. Included in those were the ever growing rise of fundamentalism, extremism, intolerance, and worst of all the rising tide of religious terrorism. There were countries where, apart from social traditions, even constitutional and legal structures themselves permitted discrimination based on gender, faith, ideology or religion. Similarly, there were States where the failure to establish modern and progressive education systems, as in Pakistan, allowed for the mushrooming of madrassas which were often called hatcheries of terrorism.

ABDEL WAHAB HANI, of Arab Commission for Human Rights, said with regards to the report of the Working Group on arbitrary detention, the opinions adopted on communications submitted by the Arab Commission for Human Rights were welcomed. Lampedusa was at the forefront of Europe's migratory flows, and was the gateway to Europe. Direct expulsion had been facilitated from Lampedusa, and it was impossible for asylum seekers to benefit from a lawyer. Migrants revolted in holding centres due to the lack of human rights and human treatment. While welcoming the recommendations in the report of the Working Group, chronic violations in administrative holding centres for migrants required the attention of the Council, which should set up a new mandate to respond to this problem.

MICHEL MONOD, of International Fellowship of Reconciliation, welcomed the efforts of the Working Group on arbitrary detention for their endeavours to prevent repetitive condemnations to conscientious objectors to military serve. The Fellowship thanked the Working Group for its declaration concerning the arrest and privation of liberty in a number of concrete cases. The Fellowship hoped that the Turkish and Israeli Governments would take these recommendations into consideration. It demanded that they interrupted the arbitrary detention of conscientious objectors and put into practice a civilian service according to resolution 1998/77 of the Human Rights Commission.

GIYOUN KIM, of Asian Forum for Human Rights and Development (Forum-Asia), said that they were deeply concerned at the repeated reports of the discrimination, hostility and violence against religious minorities across the Asian region. As noted by the Special Rapporteur on the freedom of religion or belief, for instance, the incidents in Orissa, India mirrored an on-going pattern of communal hostility toward religious minorities, which was rooted in the Government’s arbitrary allocation of indigenous peoples and Dalits in the area. Christian families had been at the centre of the violence, and often experienced destruction of property and physical assaults.

KAAVYA ASOKA, of Asia Pacific Forum on Women, Law and Development, in a joint statement with International Service for Human Rights, said women's human rights defenders were women active in human rights defense who were targeted for their actions, and they were attacked in many different ways in the course of their work, particularly where their promotion of human rights concerns was considered controversial. The statements of some countries attempted to undermine existing commitments to human rights standards. Women human rights defenders provided support and documentation for those exercising the right to freedom of religion and belief, as well as the right to self-expression, two inter-linked rights. The United Nations should strengthen the gender equality architecture within its system. There should be continuing collaboration between the human rights defenders mandate and all other procedures of the United Nations.

Mr. SINGH, of Mbororo Social and Cultural Development Association (MBOSCUDA), said concerning discrimination because of descent, this was a major problem in India. India had now become one of the biggest democracies in the world. However, minorities such as the Dalits were likely to be excluded from upcoming elections. For example, there were no measures in place that would ensure that Dalits were not hindered to access the polling booths.

YARA SALLAM, of Cairo Institute for Human Rights Studies, endorsed the report issued by the Special Rapporteur on promoting and protecting human rights while countering terrorism. The report was a strong reminder that counter-terrorism efforts needed to be accompanied by a “framework that enabled an independent investigation into human rights violations by intelligence agencies”. The Institute noted that the report significantly mentioned that States of the Arab region often had laws that provided impunity to State security and intelligence agencies, such as in Algeria; or which lacked a sufficient legal framework to regulate the counter-terrorism measures of such agencies, as in Jordan and Morocco.


For use of the information media; not an official record

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